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January 30, 2020

11th Circ. Decision Narrows Autodialer Decision

A three-judge panel on the Eleventh Circuit issued what one lawyer called “probably the most significant [Telephone Consumer Protection Act (TCPA)] decision in a while” by taking a narrower definition of what constitutes an autodialer, Law360 reports.

In the case, the Hilton hotel company said the calls in question did not amount to a violation because they targeted a specific list of prospective customers. The decision, which is in line with the D.C. Circuit and the Third Circuit, said that the technology must both “store” and “produce” phone numbers to constitute an illegal autodialer, meaning the company would have had to create and store the list of phone numbers randomly and without human intervention.

Becca Wahlquist, a TCPA defense attorney, said the decision may “walk back where the expansion has happened to bring it back to the TCPA’s legislative intent.”

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