Nearly two years ago, in ACA International v. FCC, the DC Circuit reversed the FCC’s 2015 order interpreting the term “automatic telephone dialing system” (ATDS) in the Telephone Consumer Protection Act (TCPA) and remanded that interpretation for further consideration. Since that time, callers, call recipients, practitioners and litigants have all been awaiting the FCC’s remand decision.
In the meantime, litigation has continued to move forward in many cases. Most recently, the U.S. Court of Appeals for the 11th Circuit addressed the ATDS definition, agreeing with decisions by the 2nd and 3rd Circuits on an interpretation that requires the use of a random or sequential number generator, and disagreeing with an interpretation of the 9th Circuit to the contrary. Our colleagues at a KDW sister blog, AdLaw Access, provide the analysis of this decision and its impact.