Federal Deception Law: 6.3.4.2 Analyzing a Dialer’s “Capacity”
The TCPA’s requirement of consent for calls made with an ATDS does not focus on how the device produced, stored, or dialed the particular telephone number that was called, but rather requires that the device have the “capacity—(A) to store or produce numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.”175