SCOTUS Nominee Amy Coney Barrett Previously Ruled on TCPA ATDS Definition—What Position Did She Take?

Editor's note: This article is provided through a partnership between insideARM and Squire Patton Boggs LLP, which provides a steady stream of timely, insightful and entertaining takes on of the ever-evolving, never-a-dull-moment Telephone Consumer Protection Act. Squire Patton Boggs LLP—and all insideARM articles—are protected by copyright. All rights are reserved.

As you've likely heard by now, President Trump has nominated the Hon. Amy Coney Barrett to fill the U.S. Supreme Court seat vacated in the wake of Justice Ginsburg’s passing. Judge Barrett currently sits on the United States Court of Appeals for the Seventh Circuit, where she has already had the opportunity to rule on one critical TCPA ATDS case—Gadelhak v. AT&T Services, No. 19-1738 (7th Cir. Feb. 19, 2020). 

In Gadelhak, Judge Barrett—writing for the Court—found that the TCPA’s ATDS definition covers only equipment that utilizes a random or sequential number generator to produce numbers to be called, either immediately or from storage. This ruling dramatically limits the applicability of the TCPA in private lawsuits against so called robocallers. 

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