Slowly but surely, the U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” in the Telephone Consumer Protection Act. On February 19, 2020, a unanimous Seventh Circuit panel refused to revise a putative class action in Gadelhak v. AT&T Services, Inc. after concluding that the dialing system used by AT&T did not qualify as an autodialer. Like the Eleventh Circuit in Glasser v. Hilton Grand Vacations Company, LLC and Third Circuit in Dominguez v. Yahoo, Inc., the Seventh Circuit held that an “autodialer” must use “a random or sequential number generator” to either store or produce numbers. Because the system used by AT&T simply pulled numbers from a database, the court found that the system was not an autodialer and the texts did not violate the TCPA.
The Canadian Radio-television and Telecommunications Commission today issued two Compliance and Enforcement Information Bulletins which attempt to clarify some of the issues surrounding obtaining express consent, the information to be included in commercial electronic messages and unsubscribe mechanisms.
A draft bill circulating on the Hill would impose new regulations on companies involved in the mobile “app” ecosystem, including wireless service providers, equipment manufacturers, device retailers, operating system providers, website operators, and other online service providers.