Enacted in 1991, the federal Telephone Consumer Protection Act (TCPA)—which regulates robo-dialing, text messages, and so-called “junk” faxes—has seen its notoriety rise and fall in the last 30 years. As the basis for nationwide class actions, TCPA liability has led to bet-the-company litigation and resulted in hundreds of millions of dollars in settlements over the last three decades.

A core aspect of the TCPA is its scope: with certain exceptions, the law applies to those individuals and entities who use “automated” means to transmit communications intended to sell products, goods, or services. Specifically, the law requires senders use an “automated telephone dialing system” (ATDS)—commonly referred to as an “autodialer”—to place the subject call/text or send the fax. This term has resulted in widespread uncertainty as to exactly what type of equipment qualifies. And this uncertainty has spawned a multi-circuit split, with the U.S. Supreme Court ultimately having to step in to answer the question in Facebook v. Duguid—adopting a narrow interpretation of an ATDS in April 2021. But the high court left the door open for Congress to step in and re-define what qualifies as an “autodialer.”