Archive:December 14, 2022

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Ninth Circuit Answers Lingering Question on Scope of ‘Autodialer’

Ninth Circuit Answers Lingering Question on Scope of ‘Autodialer’

Joseph C. Wylie II, Nicole C. Mueller, Jonathan R. Vaitl

Since the U.S. Supreme Court issued its decision in Facebook v. Duguid,1 district courts have wrestled with the language of one particular footnote that appears, at least on the surface, to suggest that equipment that randomly or sequentially generates the order in which to dial pre-populated phone numbers qualifies as an automated telephone dialing system, or autodialer.2 The majority of district courts have rejected this interpretation, but until recently, few circuit courts had weighed in.

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