Melanie Glasser v. Hilton Grand Vacations Company, LLC
AdministrativeLaw Privacy JusticiabilityDoctri ClassAction
Whether the TCPA's definition of an 'automatic telephone dialing system' encompasses predictive dialers that automatically dial telephone numbers stored in a list
question presented is whether this definition encompasses predictive dialers, which automatically dial telephone numbers stored in a list and then forward those calls to a human being only if somebody answers the phone. Or, is the definition limited only to systems that utilize a random or sequential number generator to generate arbitrary numbers to be called? The Court recently granted a petition for a writ of certiorari to consider this question in Facebook, Inc. v. Duguid, No. 19-511, 2020 U.S. Lexis 3559 (July 9, 2020). The second question presented is whether a predictive dialer is removed from i the scope of the ATDS definition simply because it requires a human being, who does not participate in the phone calls, to forward the list of numbers that will be called to the dialer. ii