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Last week, the U.S. Supreme Court ruled unanimously in favor of the petitioner, a large social networking company, resolving the ongoing circuit split over the definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA). The Court held that a device must “have the capacity either to store, or to produce, a telephone number using a random or sequential number generator a type of obsolescent marketing technology” to qualify as an ATDS.
The plaintiff in the case originally sued the social networking company after receiving multiple text messages regarding the security of his account. The plaintiff did not have an account and never provided his number to the company. In the district court, the company successfully disputed the allegation, clarifying that it did not use an ATDS because its technology did not have the capacity to dial random or sequential numbers. Th
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