New Bill To Modernize The TCPA Would Significantly Expand Potential Liability

On January 29, 2024, Congressman Frank Pallone, Jr. introduced the Do Not Disturb Act, a bill that would amend the Telephone Consumer Protection Act (TCPA) and "fix" the Supreme Court's ruling in Duguid that limited the definition of "automatic telephone dialing system" (ATDS).

Robocalls, the New ATDS

The bill would delete the term "automatic telephone dialing system" from the TCPA and would instead replace it with "robocalls." The bill defines "robocalls" as calls and text messages sent using equipment that makes calls or sends text messages to stored telephone numbers or telephone numbers generated by a random or sequential number generator, or using an artificial or prerecorded voice or an artificially generated message.