If Thumbs Are Required, It's Not An Autodialer [telecom]

by Terri J. Seligman

The Telephone Consumer Protection Act (TCPA) prohibits any person from calling or text messaging someone on a wireless phone using an automatic telephone dialing system (an "autodialer") or an artificial or prerecorded voice (a "robocall") unless the call is an emergency or the person has the called party's prior express consent. The TCPA defines an autodialer as "equipment which has the capacity

- (A)to store or produce telephone numbers to be called, using a random or sequential number generator; and

- (B) to dial such numbers."

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