Chicago’s Brian Hays, Chair of the Telephone Consumer Protection Act (TCPA) Litigation Section at Locke Lord, commented on the recent decisions adopting narrow definitions of what constitutes an autodialer under the Telephone Consumer Protection Act after ACA International v. FCC. Hays said, "The Third Circuit's ruling is significant because it's the first appellate court to offer guidance on what exactly the ACA International decision from the D.C. Circuit means. What's important here is the courts are finally going back to the plain language of the statute, which clearly requires an automatic telephone dialing system (ATDS) to dial random or sequential numbers, and are applying that language to find that this new technology is not an ATDS."
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