Recently the Second Circuit Court of Appeals issued an opinion providing its definition of an automatic telephone dialing system (ATDS) under the TCPA. That sets up a severe split of the Circuits with the Second and Ninth Circuits taking a broad approach while the Third, Seventh, and Eleventh Circuits have charted a narrower standard for defining an ATDS.
On the latest episode of the Ad Law Access Podcast, Kelley Drye’s special counsel provides an update on ATDS issues, walks through the different standards for an ATDS under the TCPA, and discusses where that leaves telemarketers and litigants going forward.
Listen on Apple, Google Podcasts, Soundcloud or Spotify.
For more information, sign up for our monthly TCPA Tracker and visit the Advertising and Privacy Law Resource Center for additional information on this and other topics.