Autodialer (ATDS): what it means in pay per call

Autodialer (ATDS): Under the TCPA, equipment that can store or produce phone numbers using a random or sequential number generator and dial them.

How it works in pay per call

In Facebook v. Duguid (2021), the Supreme Court held that to be an ATDS, a device must be able to store or produce numbers using a random or sequential number generator. Many modern dialers that only call stored lists fall outside that definition under federal law.

Prerecorded or artificial-voice calls still need consent regardless of the dialer, and some states define autodialers more broadly. Florida's 2023 FTSA amendments narrowed its definition.

Example

Example: a dialer that only calls numbers uploaded from a CRM list, and can't randomly or sequentially generate numbers, generally isn't an ATDS under Duguid. Prerecorded-voice calls still need consent regardless.