A new federal district court decision supports industry arguments that innovative communications technologies should not be considered “automatic telephone dialing systems” (autodialers) under the Telephone Consumer Protection Act (“TCPA”).  It also provides some helpful language on TCPA liability issues for companies that initiate non-telemarketing, informational calls and messages.

The TCPA prohibits parties from, inter alia, placing autodialed calls or text messages to wireless telephone numbers absent an emergency or the “prior express consent” of the called party.  It defines an autodialer as “equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.”  The TCPA provides for damages of up to $1,500 per call or message.