Robocalls and Automated Telephone Dialing Systems

The Telephone Consumer Protection Act (TCPA) prohibits certain robocalls. Specifically, it prohibits calls to cellular telephones using an "automatic telephone dialing system" or autodialers, meaning "equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers." 47 U.S.C. § 227(a)(1), (b)(1)(A). In 2021, the Supreme Court interpreted this provision restrictively, meaning that many autodialers no longer legally qualified as automatic telephone dialing systems. However, the TCPA's prohibitions on calls with automated voices or telemarketing calls to telephone numbers on the Do-Not-Call Registry have different language that has not been restricted. Since the Supreme Court's 2021 decision, some states have passed similar laws which do not have the same restrictions that the Supreme Court found in 47 U.S.C. § 227(a)(1), including the Florida Telephone Solicitation Act at Fla. Stat. § 501.059, the Maryland Stop the Spam Calls Act of 2023 at Md. Code Ann., Com. Law § 14-4501 to 4503, the Oklahoma Telephone Solicitation Act (OTSA) – 15 O.S. § 775C.3(A), and Washington Revised Code RCW § 80.36.400. Preston Law Offices is no longer accepting unsolicited TCPA cases at this time.