On the scope on the TCPA’s prohibition on autodialed calls and texts to wireless numbers, Rosenworcel lamented that the FCC’s current authority has been constrained by the Supreme Court’s Facebook v. Duguid decision that took a narrow view of the TCPA’s autodialer definition
Ninth Circuit Court of Appeals in Borden v. E-Financial held dialing numbers from pre-existing list, even if the pre-existing list is sorted randomly or sequentially, would not qualify as dialing with an automatic telephone dialing system ATDS.
Supreme Court issued decision in Facebook v. Duguid district courts wrestled with language of footnote that appears to suggest equipment randomly or sequentially generates the order in which to dial phone numbers qualifies as automated telephone dialing system or autodialer.
Ninth circuit re wrote the TCPAs ATDS in Borden, this time to hold only a randomly produced TELEPHONE number triggers the TCPA such as Weisbien v Allergan. That’s great for folks in the Ninth Circuit footprint but it’s not what the US Supreme Court held in Facebook.