Will the Definition of an ATDS Soon Include Text Messages?

On July 12, 2022, the House of Representatives introduced H.R. 8334 to amend the Communications Act of 1934 to prohibit the use of automated telephone equipment to send unsolicited text messages, and for other purposes.

Currently, the Telephone Consumer Protection Act (“TCPA”), which amended the Communications Act of 1934, defines an “Automatic Telephone Dialing System (“ATDS”) as equipment which has the capacity -

(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and

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