TCPA Blog contributors Michael Daly and Marsha Indych provided commentary for Law360 on the Third Circuit’s recent decision that Yahoo’s email-to-text alert system does not qualify as an automatic telephone dialing system under the TCPA.
Mike and Marsha noted that the decision “validates the work of courts across the country — like the district court here — that have struggled to apply the FCC’s now-rejected and nearly boundless definition of an autodialer . . . to equipment and conduct that the statute was never meant to regulate.” By doing so, they explained, the decision “exemplifies what will happen in TCPA cases across the country where plaintiffs . . . are unable to establish that the equipment used to contact them has both the capacity to randomly or sequentially generate telephone numbers and uses that capacity to dial those numbers.”
The article goes on to examine what the ruling might mean in the courts, Congress, and at the FCC going forward.