Is Your iPhone an Autodialer?

The Third Circuit has become the first appellate court to endorse the FCC’s broad definition of “autodialer” under the TCPA. In a July 10 declaratory ruling, the FCC defined “autodialer” as any device with the capacity to store or produce randomly or sequentially generated numbers, even if the device isn’t currently used for that purpose. Relying on the FCC’s decision, the Third Circuit reversed the district court’s order dismissing the plaintiff’s complaint, remanding to determine whether the defendant’s technology constituted an “autodialer” under the FCC’s definition. Dominguez v. Yahoo, Inc., No. 14-1751, 2015 WL 6405811 (3d Cir. Oct. 23, 2015).