In March 2018, the U.S. Court of Appeals for the District of Columbia Circuit struck down the Federal Communications Commission’s expanded auto dialer definition as too broad. The decision was seen as significant, plaintiff- and business-side attorneys agreed. Six months after the D.C.’s court’s decision denying the FCC’s broad auto dialer definition, however, California’s Ninth Circuit adopted that same FCC definition.

The uncertainty in conflicting appellate court decisions and how the FCC may regulate has Telephone Consumer Protection Act (TCPA) attorneys on both sides cautious about a permanent slow down in filings. Such uncertainty will be challenged by plaintiffs, and the results will be watched closely to see if TCPA litigation will remain a financially worthwhile action for litigants to take, lawyers added.

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