What is an Autodialer (Part II)? The Supreme Court (Mostly) Resolves a Robocall Enforcement Question [April 28, 2021] [open pdf - 674KB]
From the Document: "The Telephone Consumer Protection Act (TCPA) makes it illegal to call any wireless phone number using an 'automatic telephone dialing system' (an autodialer) or an artificial or prerecorded voice. While the text of the TCPA defines [hyperlink] 'automatic telephone dialing system,' uncertainty has emerged over how this definition--written in 1991--applies to a technological landscape that is far different today from what existed at the time the TCPA became law. On April 1, 2021, the Supreme Court issued a unanimous decision in 'Facebook, Inc. v. Duguid', [hyperlink] reversing the Ninth Circuit's interpretation of the term 'automatic telephone dialing system' used in the TCPA. The TCPA defines an automatic telephone dialing system 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.' [...] [The Supreme Court] held [hyperlink] that an automatic telephone dialing system is one that has the capacity to either store a telephone number using a random or sequential number generator or produce a telephone number using a random or sequential number generator. This Legal Sidebar briefly discusses the Supreme Court's decision and considerations for Congress relating to the TCPA's autodialer definition."
CRS Legal Sidebar, LSB10594
Congressional Research Service: https://crsreports.congress.gov/