Government Agrees the TCPA Only Covers Random-Fire Dialers…So What Are We Still Doing Here?

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I guess I should have seen this coming, but I didn’t. After forcefully battling to keep the TCPA on the books just last term, the U.S. Government has weighed in on the new Supreme Court TCPA ATDS debate. Instead of arguing for an expansive reading of the statute, the Government is asking the Supreme Court to narrowly interpret the statute to only apply to dialers that randomly or sequentially generate numbers to be called. This really does change everything.

And no, I’m not just talking about the compelling legal points raised in the brief, though the brief is outstanding. The brief reads with much more persuasive force than the Opening briefs in Barr. The grammatical analysis of the TCPA’s ATDS definition is elegant and compellingfar better than most of the tortuous I’m-trying-to-explain-something-I-don’t-really-understand arguments you tend to see in these briefs. And the cut-to-the-chase policy analysis is outstanding as well.

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