What Counts as an Autodialer Under the TCPA?

The short answer

Under the TCPA, an autodialer is equipment that can store or produce phone numbers using a random or sequential number generator, and dial them. In a 2021 decision, the Supreme Court held that a system that just stores and dials a list of numbers doesn't qualify unless it uses that kind of generator.

What the Court decided

The case was about automated login-alert texts sent by a tech company. The lower court said any system that stores and dials numbers was an autodialer. The Supreme Court disagreed. It said that reading would make almost every modern cell phone an autodialer.

What it doesn't change

• Prerecorded and artificial voices. The Court said its ruling doesn't affect the TCPA's separate ban on prerecorded or artificial-voice calls without consent. See AI voice calls to leads and consent and ringless voicemails.
• Do Not Call rules. These still apply to telemarketing. See Do Not Call rules for lead follow-up.
• Texas rules. State law has its own requirements, like Texas lead call hours.

What that means for your follow-up

Calling leads from your CRM list isn't automatically an autodialer issue. But the tools you use, the messages you send and the consent you keep still matter. Keep consent records and honor opt-outs fast.

This is general information, not legal advice. Check your own setup with your counsel.

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