Courts also continue to reject what some have called the “Footnote 7” argument-referring to footnote 7 in the Facebook decision, where the Supreme Court suggested in dicta that randomly or sequentially selecting numbers from a predetermined list might qualify as an ATDS-with judges focusing on the generation, not the selection, of numbers. However, while the results remain mixed, defendants have generally continued to fare well under the new ATDS standard. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA), we report on some notable district-level decisions since our last roundup. As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v.
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