2021 was an extremely active and unusual year for case law, regulatory developments, and M&A activity in the ARM industry. Here's my “year in review” for what was nothing short of an exhausting year.
Following years of uncertainty over the definition of an auto-dialer, the Supreme Court finally put this to bed. Sort of. The court determined that “to qualify as an automatic telephone dialing system under the Telephone Consumer Protection Act (TCPA), a device must have the capacity to either store a number using a random or sequential number generator, or to produce a number using a random or sequential generator.” That was great, except that the infamous footnote 7 included an example with an important nuance that suggests an auto-dialer might still qualify if it uses a random generator to determine the order in which to call numbers from a pre-produced list. So, TCPA litigation continues, just in a different form.
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