The Evolving Definition of an Automatic Telephone Dialing System under the TCPA
ABA Section of Litigation
Consumer Litigation Committee
Tuesday, December 11, 2018
11:00 AM-12:00 PM PT | 12:00-1:00 PM MT | 1:00-2:00 PM CT | 2:00-3:00 PM ET
Program Description:
What is an “automatic telephone dialing system” (ATDS)? This year’s decision in ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018) seems to have raised more questions than it answered as courts and the FCC continue to grapple with this definitional component of the Telephone Consumer Protection Act (TCPA). Courts are divided as to how to define an ATDS as demonstrated by subsequent decisions in the Ninth and Third Circuits, and various district courts. See Marks v. Crunch San Diego, LLC, 904 F.3d 1041(9th Cir. 2018); Dominguez on Behalf of Himself v. Yahoo, Inc., 894 F.3d 116 (3d Cir. 2018). This difference of opinion among the courts prompted the FCC to extend the time period for public comment on what constitutes an ATDS, and has created confusion for industry participants and TCPA practitioners. Our panelists will discuss these and other recent case law developments relating to the definition of an ATDS, the FCC rulemaking process, and the implications for TCPA litigation.
Panelists:
Christopher E. Roberts, Butsch Roberts & Associates LLC
Mark E. Rooney, The Rooney Firm PLLC
Moderator:
Jonathan Hoffman, Balch & Bingham LLP