Telemarketing lawyer Richard B. Newman was recently featured in DataGuidance, a global privacy and regulatory compliance platform used by privacy professionals worldwide. The article, entitled “Diverging Court Decisions Over Definition of ATDS Under TCPA,” assesses recent judicial decisions pertaining to how an automated telephone dialing system should be defined under the Telephone Consumer Protection Act.
The battle over the scope of the ATDS definition has intensified in 2018. As has the battle over whether a predictive dialer should necessarily be considered an ATDS.
The subject of what functionalities equipment must perform to qualify as an ATDS has created deep splits of opinion throughout the U.S. judicial system. Mr. Newman’s article examines some of the most noteworthy opinions governing the meaning of the statutory “capacity” language, to date, and looks forward at how some critical telemarketing issues are likely to be resolved in the future.
View the article here.