TCPA Update – Predictive Dialer Held Not To Be An ATDs

The issue of whether a predictive dialer constitutes an automatic telephone dialing system ("ATDS") under the Telephone Consumer Protection Act ("TCPA") has been a critical litigation focus across the country since the D.C. Circuit's decision in ACA International v. FCC, 885 F.3d 687 (D.C. Cir. 2018). Yesterday, Judge Feinerman of the Northern District of Illinois ruled in Pinkus v. Sirius XM Radio, Inc. that a predictive dialer does not meet the TCPA's statutory definition of an ATDS. While no Federal Circuit Court of Appeals has addressed this question, the Pinkus holding – parting with a number of other District Court opinions – confirms that this issue remains hotly disputed.