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WHAT IS AN AUTOMATED TELEPHONE DIALING SYSTEM (ATDS)?

Autodialer or Automated Telephone Dialing System (ATDS): Telecommunications equipment that has "the capacity to store or produce telephone numbers to be called using a random or sequential number generator and to dial such numbers." 47 C.F.R. � 64.1200(f)(2). Some courts have applied the definition of ATDS broadly by focusing on the word "capacity." Those courts have ruled that if the equipment has the capacity to store or produce numbers to be called using a random or sequential number generator it is not relevant whether the equipment actually performed such functions in the particular case at issue. See Satterfield v. Simon & Schuster, 569 F.3d 946 (9th Cir. 2009). Other courts have applied a more restrictive definition, asking whether the equipment has the present capacity to perform such automated functions. See Aja de los Santos v. Millward Brown, Inc., No. 13-cv-80670 (S.D. Fla. June 29, 2014).

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