liability under the TCPA if a telephone system has the ability be used as an ATDS

FCC Approves New Pro-Consumer TCPA Rules That Will Likely Create Increased Compliance and Litigation Headaches for BusinessesThe Federal Communications Commission (FCC) recently adopted a proposal aimed at clarifying certain provisions of the Telephone Consumer Protection Act (TCPA). The proposal addresses twenty-one (21) petitions related to the TCPA, touching on issues from robocall-blocking services to treating text messages as calls.  While the actual package of declaratory rulings has not yet been released,