The meaning of an “automatic telephone dialing system” (“ATDS”) as defined by the Telephone Consumer Protection Act (“TCPA”) has been hotly contested since the D.C. Circuit invalidated the prior Federal Communications Commission (“FCC”) rulings interpreting the TCPA in 2018. The Ninth Circuit has held that merely calling numbers from a stored list is sufficient to meet the definition of an ATDS, while the Third Circuit has at least indicated that the ability to generate numbers randomly or sequentially is the defining characteristic.
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On August 30, 2016, the First-tier Tribunal (Information Rights) (the “Tribunal”) dismissed an appeal from UK telecoms company TalkTalk Telecom Group PLC (“TalkTalk”) regarding a monetary penalty notice issued to it on February 17, 2016, by the UK Information Commissioner’s Office (“ICO”). The ICO had issued the monetary penalty notice to TalkTalk, for the amount of £1,000, for an alleged failure to report an October 2015 data breach to the ICO within the legally required time period.
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