Monthly TCPA Digest - August 2020 [telecom]

We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month's edition, we cover the Sixth Circuit's ruling in Allan v. Pennsylvania Higher Education Assistance Agency, which expands a circuit split on the definition of an automatic telephone dialing system (ATDS) under the TCPA. The Sixth Circuit sided with the Second and Ninth Circuits in holding that equipment that stores and dials telephone numbers is an ATDS even if it dials numbers that were not randomly or sequentially generated. In contrast, the Seventh and Eleventh Circuits found that a stored-number system without the ability to randomly or sequentially generate numbers is not an ATDS. The Supreme Court is expected to resolve the split in Facebook Inc. v. Duguid, a case arising from the Ninth Circuit.

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