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The Ice Miller Blog

Court Clarifies “Human Intervention” in the TCPA after the FCC’s Declaratory Ruling

January 19, 2016 by , Associate
Just a few weeks ago, a district court in California recognized that under the July 2015 Federal Communications Commission (“FCC”) Declaratory Ruling there is no bright-line test for how much “human intervention” is required for a piece of equipment to avoid being classified as an Automatic Telephone Dialing System (“ATDS”). In Sherman v. Yahoo!, Inc., Case No. 3:13-cv-0041-GPC-WVG, 2015 U.S. Dist. LEXIS 167177 (Dec. 14, 2015), the Court considered Yahoo’s SMS Messenger Service, which permits registered Yahoo users to send instant messages to cellular phones using their computers. 

Third Circuit Addresses Definition of Autodialer under the TCPA

January 14, 2016 by , Associate
In a recent ruling, the Third Circuit Court of Appeals addressed the question of what is meant by an Automated Telephone Dialing System (“ATDS”) under the TCPA. While the opinion, Dominguez et al. v. Yahoo, Inc., is not precedential, it offers valuable insight on how courts might interpret the term “ATDS” for businesses that use dialers to reach their customers.

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