Few things under the Telephone Consumer Protection Act (TCPA) are subject to as much uncertainty as the definition of “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

Two weeks ago, we attended the ACA International Annual Convention in Nashville.  One of the more interesting discussions focused on compliance lessons creditors and debt collectors can take away from recent court decisions.

Some of them were easy. For example, in Armata v. Target Corp., 2018 WL 3097094 (Mass. Sup. Ct. June 25, 2018),

In  Dominguez v. Yahoo!, Inc., the Third Circuit issued a precedential decision, requiring calling platforms have present—not potential—capacity to store or produce and call telephone numbers using a random or sequential number generator to constitute an “autodialer” under the Telephone Consumer Protection Act (TCPA). After buying a used smartphone, Dominguez received texts from Yahoo