United States:
Next Domino Falls – Seventh Circuit Rejects Marks, Requires Random And Sequential Number Generation For ATDS Usage
24 February 2020
Squire Patton Boggs LLP
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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.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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