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Will Unanimous Supremes Stem the TCPA Tide?
With a ‘random’ decision, SCOTUS reshapes the landscape of telemarketing law
What a Long Strange Trip It’s Been
Back in July of last year, we offered a summary of the sometimes-bumpy appellate terrain relating to the Telephone Consumer Protection Act (TCPA).
The number of TCPA cases exploded in the wake of a 2015 Federal Communications Commission order that defined automatic telephone dialing systems (ATDS) in a broad fashion. As we said then, referring to two Chamber of Commerce petitions protesting the order:
“The [TCPA] defines ATDS to mean “equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers.” The petition states that the Omnibus Order broadly defined “capacity” so that devices that might be modified in the future to store or generate numbers and dial them were subject to TCPA litigation, even i ....

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