In a case decided today the Eleventh Circuit Court of Appeal rejected the Ninth Circuit’s ATDS approach in Marks, and held that a random or sequential number generator is required for a device to qualify as an ATDS. Holds that construing the TCPA to capture dialing from a stored list would raise serious First Amendment concerns.
The case is Glasser vs Hilton Grand Vacations and can be found here: Glasser v. Hilton Grand Vacations Co., No. 18-14499 (11th Cir. Jan. 27, 2020)