Second Circuit Goes Against the Tide; Adopts Broad Definition of Autodialer
By Joseph C. Wylie II, Molly K. McGinley, and Sarah K. Bauman
In Duran v. La Boom Disco, Inc., the Second Circuit adopted a broad definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). The Second Circuit joined the Ninth Circuit, further deepening the circuit split on the definition of ATDS with the Third, Seventh, and Eleventh Circuit.
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