Autodialer
An autodialer, or Automatic Telephone Dialing System (ATDS) as defined by the Telephone Consumer Protection Act (TCPA), is a piece of equipment that has the “capability to store” or “produce” telephone numbers using a random or sequential number generator (ROSANG) and to “dial such numbers” automatically.
The definition, however, was written in 1991 and doesn’t provide clear guidance has been subject to legal challenges (court) and interpretations on how it applies to the diverse range of dialing technology available today. As a result, the interpretation of what constitutes an autodialer has varied over time across different jurisdictions due to the lack of resolution in Federal Communications Commission (FCC) rulemaking and case law. Interestingly there have been 6 US Supreme Court (SCOTUS) cases that are TCPA related most recently in 2021, Facebook-v-Duguid which did partially focus on the definition of an ATDS.
In general terms, an autodialer refers to an automated system or software that has capacity to store or produce phone numbers, randomly or sequentially and initiate calls, without relying solely on human operators. These types of calls are commonly affectionately referred to as “Robocalls” related to their potential for inappropriate use to generate volumes of calls.
However, the term ‘Robocall’ is not defined in the TCPA. According to the FCC, Robocalls are calls made using an autodialer or containing prerecorded or artificial voice messages. They are employed for various purposes, including political campaigns, telemarketing, reminders from businesses or organizations, and unfortunately, even for scam attempts.
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