Law

Scalpel or Chainsaw? Third Circuit Continues to Pare Back TCPA's Reach

In Duguid, the court held that Facebook was not liable because the equipment it used to send the text messages at issue did not qualify as an "automatic telephone dialing system," or ATDS, under the ...
JD Supra

Third Circuit Rules that Caller Must Use An “Automatic Telephone Dialing System’s” Ability to Produce or Store Telephone Numbers Through Random or Sequential Number ...

On June 14, 2022, the Third Circuit Court of Appeals (Third Circuit) issued a significant decision regarding the TCPA’s restrictions in Section 227(b)(1)(A)(iii) on using an automatic telephone ...
JD Supra

The Ninth Circuit Reinforces Narrow Interpretation of ATDS under Borden Holding System Must Generate Random or Sequential Telephone Numbers to Constitute an ATDS

On April 13, the Ninth Circuit issued an opinion affirming a district court’s summary judgment order on the grounds that under Borden v. eFinancial, LLC, discussed here, to qualify as an automatic ...