USA: EPIC and NCLC file amicus brief in Trim v. Reward Zone USA LLCC
The Electronic Privacy Information Center ('EPIC') along with the National Consumer Law Center ('NCLC') announced, on 27 September 2022, that it had filed an amicus brief to the United States Court of Appeals for the Ninth Circuit in the case of Trim v. Reward Zone USA LLCC in which it argues that Reward Zone violated the Telephone Consumer Protection Act of 1991 ('TCPA') if its dialling system used a number generator to mass dial people without consent, even if Reward Zone called telephone numbers from a stored list.
Moreover, EPIC detailed that, last year, the Supreme Court ruled in Facebook v. Duguid that the TCPA's restriction on 'automated telephone dialing systems' or autodialers only covered equipment that used a 'random or sequential number generator', but the question of what 'random or sequential number generator' means (e.g. is it something that generates any number or is it only limited to telephone numbers?) has become hotly contested in TCPA cases, and EPIC has filed amicus briefs in several such cases. More specifically, in their amicus brief, EPIC and NCLC argue that 'random or sequential number generator' should be given its plain meaning: code that can generate any type of number. Lastly, EPIC and NCLC agreed that the scope of the Supreme Court's holding in Duguid was limited and that the Court did not decide what the phrase 'random or sequential number generator' meant.