Business owners should beware. While the July ruling effectively clarifies the FCC’s interpretation of the TCPA, it now also favors consumers by placing substantial burdens on businesses that call or send text messages to consumers with electronic dialing equipment. For example, consider the following:
#1 Expanded Definition of Autodialer.
The Ruling states that an Autodialer is any equipment that has the current or future capacity to dial random or sequential numbers. This definition includes any equipment that could potentially be used to randomly dial numbers, including computer-based VOIP telephone systems, smartphones with application support and computer-based text messaging software, regardless of the current configuration of those devices.
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Sincerely,Charles Van Horn
Shareholder, Berman Fink Van Horn P.C.