Breaking TCPA News: Eleventh Circuit Rejects Marks- Holds Random or Sequential Number Generation Key to ATDS Definition! [UPDATED WITH CASE]

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)

Analysis here.

 

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