A federal court in Missouri recently held that a restaurant’s promotional text messages did not violate the Telephone Consumer Protection Act (TCPA) because the messaging equipment used by the restaurant did not qualify as an automatic telephone dialing system (ATDS) as defined by the statute. The district court noted a split between the circuit courts on this issue, highlighting the uncertainty regarding whether the equipment at issue must have the capacity for sequential or random number generation to fall within the definition of an ATDS, thus requiring prior express written consent.
To read more about the implications of the issues raised in Beal v. Outfield Brew House, Case No. 2:18-cv-4028-MDH (W.D. Mo. Feb. 20, 2020) please click here.
To learn more about this topic, please join Reed Smith for a CLE webinar on February 26, 2020 for a discussion on the latest TCPA legal developments and regulatory and compliance risks.