In comments filed with the Federal Communications Commission (FCC), privacy and consumer advocacy groups, including CFA, clarify the definition of an “automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA). The groups note that the ATDS should not be defined so as to encompass the ordinary use of a smartphone. Specifically, ordinary smartphone use does not fall under this definition because smartphones as manufactured and delivered to consumers do not have the present capacity to dial multiple numbers simultaneously or send mass texts.
