FCC Broadens Definition of Autodialer

Autodialers on High Alert Over FCC Ruling
– Direct Marketing News

Direct Marketing News interviewed Manatt's Christine Reilly, co-chair of the firm's TCPA Compliance and Class Action Defense, for an article on the Federal Communications Commission's recent order interpreting the Telephone Consumer Protection Act of 1991.

Direct Marketing News reports that immediately following the ruling's release on July 10, petitions challenging the FCC's authority were filed in appeals court by the Professional Association for Customer Engagement and the Association of Credit and Collection Professionals. Both take issue with the FCC's broad definition of what constitutes an "autodialer."

"If you have a software system with an autodialer option, that's now deemed an autodialer in the FCC's ruling. That contrasts with other courts that have said you can't make a case about something that may be done in the future. You have to look at how the calls are currently being made," said Reilly.

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