Autodialer: US Court of Appeals Deepens Split in TCPA Confusion


The Second Circuit in Duran v La Boom Disco Inc., held that systems that can call numbers from a list or database uploaded by humans constitutes an ATDS, and clicking “send” or a similar button does not require enough human intervention to turn an autodialer into a non-automatic one; a smartphone is not an ATDS, as clicking on a name in a digital phonebook is a form of speed-dialing or constructive dialing that is not the functional equivalent of dialing by inputting numbers.

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