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On April 1, 2021, in a unanimous decision, the Supreme Court
ruled that the definition of an automatic telephone dialing system
( ATDS ) under the TCPA is limited by the plain grammar
of the statute itself. The Court, in a decision authored by Justice
Sotomayor, held that a device must have the capacity
to
use a random or sequential
number generator in either storing or producing a telephone number,
to qualify as an ATDS under the TCPA.
Facebook, Inc. v.
Duguid
et al., Case No. 19-511 (2021).
Our preview of the Supreme Court s consideration