Well, the walls are closing in on the TCPA. In a huge decision issued today, the Seventh Circuit Court of Appeal held that the TCPA's ATDS definition requires random or sequential generation of numbers. So, devices that merely store numbers to be dialed are not covered by the TCPA. This is an express rejection of Marks.
Combined with Glasser, this means that two Circuit Courts of Appeal have directly rejected Marks, and consumers in the Seventh Circuit footprint can only sue under the TCPA for pre-recorded and random-fired messages.
Stick close to TCPAWorld.com while we analyze the fallout of this massive ruling.
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