COSTA MESA, CALIF.—So what exactly is an autodialer? The answer to this question is key under the Telephone Consumer Protection Act (TCPA), and a new decision in the US Court of Appeals for the Ninth Circuit may hold more questions than answers.

In Jordan Marks v. Crunch San Diego LLC, the Ninth Circuit allows a broad definition of what constitutes an automatic telephone dialing system (ATDS). The ruling runs counter to a recent Third Circuit ruling that restricted the definition of an autodialer in TCPA cases. The Ninth Circuit interprets ATDS to include all devices that are able to store and dial phone numbers, not just devices that use random or sequential number generators.

Eric Troutman said in Law360 the Ninth Circuit ruling was a surprise to most industry observers.

“This marks a complete departure from typical ATDS analysis and truly redefines critical language in the TCPA, seemingly out of whole cloth. The Ninth Circuit literally just rewrote the TCPA in the most expansive manner conceivable,” Troutman tells Law360.

Click here to read “ 9th Circ. Heats Up TCPA Debate With Broad Autodialer Take” in Law360 (subscription required).

Also, click here to read much more on the Marks decision at Womble Bond Dickinson’s TCPAland.com.