Jenner & Block

"Confusion Over FCC's Auodialer Definition Continues," Law360

In this article, Jenner & Block Partner Amy Gallegos examines the upswing in “autodialing” lawsuits, which accuse defendants of using an autodialer to send unsolicited cell phone calls and text messages.  The article explains how this onslaught of litigation was triggered by an ambiguous opinion issued by the FCC in 2003, which plaintiffs' lawyers have used to argue that virtually every modern dialing or text-messaging technology qualifies as an autodialer. Amy explains how the FCC’s idiosyncratic interpretation of the Telephone Consumer Protection Act has led to confusion about what constitutes an  autodialer, and discusses two recent cases in which courts have relied on the ruling to reach opposite results.  The article ultimately concludes that the only solution may be for the FCC to clarify the ruling and “provide clear, workable guidelines for companies to comply with the statute.”