Automated dialing. A separate set of rules.

What makes a system an autodialer?

The TCPA uses a specific definition of an automatic telephone dialing system (ATDS). In Facebook v. Duguid, the Supreme Court held that the equipment must have the capacity to store or produce telephone numbers using a random or sequential number generator. Merely dialing a stored customer list automatically is not enough by itself.

When the rule may apply

Calls or texts to cell phones using a qualifying ATDS generally require prior express consent unless an exception applies. Telemarketing generally requires prior express written consent under FCC rules. The number called, purpose, technology, and consent history matter.

How this differs from a recorded voice

A prerecorded or artificial-voice claim does not require proof that the caller used an ATDS. Likewise, a live sales call may raise a Do Not Call issue even without qualifying dialing technology.

You do not need to identify the software

Tell us about repeated calls, pauses before a representative answers, and any messages left. Those observations can help guide investigation, but a pause or a high volume of calls does not prove use of an ATDS. Save call logs and any consent records.

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