Third Circuit Clarifies TCPA ATDS Liability

On April 8, 2024, the Third Circuit Court of Appeals issued an opinion clarifying Telephone Consumer Protection Act ("TCPA") Automatic Telephone Dialing System ("ATDS") liability in the wake of the United States Supreme Court's landmark decision in Facebook v. Duguid. As our readers are aware, the TCPA was enacted to restrict certain telemarketing practices, including the use of an ATDS for marketing purposes. In Perrong v. Montgomery Cnty., Plaintiff alleged that Defendants violated the TCPA by using a number generator to determine the order in which to call a list of phone numbers. Citing its decision in Panzarella v. Navient Solutions, Inc., the Third Circuit rejected Plaintiff's TCPA ATDS argument and affirmed the district court's dismissal of the action.