Jenner & Block

Client Alert: Supreme Court Answers the Call: Clarifies Meaning of “Automatic Telephone Dialing System” under the TCPA

On April 1, 2021, the Supreme Court of the United States unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid et al., No. 19-511, and held that in order for a device to be an “automatic telephone dialing system” (ATDS), a key term in the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227, it must have the capacity to use a random or sequential number generator to either store or produce phone numbers to be called. This decision represents a significant victory for entities defending against TCPA claims.

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