A system that automates phone calls or text messages without human intervention, an Automatic Telephone Dialing System (ATDS) has the capacity to store or produce telephone numbers to be called and dial such numbers without human intervention. ATDS technology can also send pre-recorded or artificial voice messages. The Telephone Consumer Protection Act (TCPA) in the United States imposes restrictions and requirements on telemarketing calls and text messages made using an ATDS, including the requirement to obtain prior express written consent from the consumer.
Definition and Function
An ATDS is any device or system that has the capacity to store or produce telephone numbers to be called and to dial such numbers without human intervention. This definition includes traditional automatic dialing systems, as well as more modern systems that use artificial intelligence or predictive dialing algorithms. The Supreme Court ruled in Facebook, Inc. v. Duguid (2021) that auto dialers are defined by their function to either store or produce telephone numbers from a random or sequential number generator.
- Controversy: The definition of an ATDS has been the subject of controversy and debate, with different courts and regulatory agencies providing different interpretations of the term.
- Human intervention: Even if some degree of human intervention is required to initiate the call or message, the system may still qualify as an ATDS.
Legal Requirements
Under the TCPA, businesses that engage in telemarketing or text messaging using an ATDS must obtain prior express written consent from consumers before using such technology to make calls or send messages.
- Consent: Prior express written consent is required from the consumer before using an ATDS for telemarketing calls or text messages.
- Compliance: It is important for businesses to be aware of the TCPA's requirements for the use of ATDS technology and to ensure compliance with these regulations.
