Eleventh Circuit Limits TCPA Scope

On January 27, 2020, the 11th Circuit Court of Appeals, in a 2-1 decision, rejected yet another attempt by plaintiffs in a consolidated appeal to broaden the reach of the TCPA, specifically as it pertains to the definition of an ATDS. In Glasser v. Hilton Grand Vacations Co., LLC, the Court held an ATDS, which is expressly defined in the TCPA as “equipment which has the capacity—(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers,” should be interpreted as written. In doing so, the Court specifically rejected the “surgery” that the 9th Circuit performed to reach its sweeping conclusion in Marks as to what constitutes an ATDS. Under Glasser, the TCPA’s prior consent requirements for autodialers are limited to dialing equipment with the capacity to randomly or sequentially generate numbers.

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