Robocall Guide
What is an autodialer (ATDS)?
An autodialer is software that dials phone numbers automatically, without a person tapping them in one at a time. Whether the calls hitting your cell were placed by one is often the hinge of a robocall case, because when they were, each illegal call can be worth $500 to $1,500 under federal law.
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Short answer
An autodialer (the law calls it an ATDS, short for “automatic telephone dialing system”) is technology that dials numbers on its own rather than having a human dial each one. Under the TCPA (the federal Telephone Consumer Protection Act), calling your cell with an autodialer and no permission is a violation worth $500 per call, up to $1,500 if willful. Proving an autodialer was used is one of the key questions in a case.
The short version
- An autodialer (ATDS) is software that dials numbers automatically, with no person dialing each one.
- Using one to call your cell without written consent can violate the TCPA.
- Courts look at how the system dials, not just what a company calls it.
- You don’t have to prove the technology yourself; an attorney digs that out in discovery.
What an autodialer is, without the jargon
Picture a telemarketing floor. The slow way is a person reading a list and dialing each number by hand. The fast way is software that fires off thousands of calls automatically and only connects a human when someone picks up. That software is the autodialer.
The TCPA singled out this technology because it’s what makes mass robocalling possible. A human can dial a few hundred numbers a day; an autodialer can blast millions.
Why the autodialer question decides cases
For calls to your cell phone, the TCPA’s strongest protections kick in when the calls were placed with an autodialer or used a prerecorded voice. So in a lot of cases, one question carries enormous weight:
- Was an autodialer used? If yes, calls made without your consent are squarely in the law’s sights.
- Or did a live person dial you by hand? That can fall outside the autodialer rules, though other parts of the TCPA, like the Do Not Call rules and prerecorded-voice rules, may still apply.
That’s why companies fight so hard over what their dialing systems do. The label they use doesn’t control the outcome; how the system actually places calls does.
How courts look at it
Courts don’t take a company’s word for whether its system is an autodialer. They look at the system’s capabilities, what the equipment can do and how it stores and dials numbers, rather than just the marketing name on the software. The legal definition has been tested and refined over the years, and the technical details matter.
The good news for you: you are not expected to understand the engineering. That’s the lawyer’s job, and there’s a formal process for getting at it.
How an attorney proves an autodialer was used
You will almost never know, from your end, exactly what equipment called you. You don’t have to. Once a case is filed, an attorney uses discovery to pull the proof from the company itself.
Through discovery, an attorney can obtain call logs, the company’s own descriptions of its dialing platform, and contracts with the dialing vendor, the records that show whether an autodialer placed your calls. This is exactly the heavy lifting a contingency lawyer like Max Morgan, Esq. takes on.
What you should hang onto in the meantime
You can’t pull the company’s records, but your own evidence helps establish the calls and points the way:
- Your call log: don’t delete the calls, even if they’re annoying.
- Any voicemails, especially recorded or robotic-sounding messages.
- Screenshots of texts, showing the number, the message, and the date.
- A quick note of how often the calls came and whether they sounded automated (odd pauses before a person speaks are a classic autodialer tell).
What this is worth, and the next step
When an autodialer reached your cell without permission, the TCPA fixes the value of each call: $500, or up to $1,500 for willful violations, and the calls stack. In Higgs v. Golden Title Loans, 385 calls came to $577,500. Results vary, but that’s the kind of math the statute makes possible. If you’ve been getting these calls, a free review will tell you whether an autodialer claim is in there. No recovery, no fee.
Related: What is a robocall? · Prerecorded call violations · TCPA violations and penalties · Do I qualify?
What kind of calls are you getting?
Each of these is a real, recoverable claim under the TCPA.
Wrong-number robocalls
Prerecorded or auto-dialed calls meant for someone else. You can have a claim even though you’re not a customer.
About wrong-number robocall claimsWrong-number debt collection
Auto-dialed collection calls for a debt that was never yours. Illegal twice over, and it pays.
About wrong-number debt collection claims“Stop calling me”
You told them to stop and the calls kept coming. Each one can be a separate violation.
About claims for calls after you said stopSpam text messages
Marketing texts you never agreed to count under the TCPA too. Screenshots are often all the proof you need.
About spam text message lawsuitsDo-Not-Call violations
Registered your number and the calls didn’t stop? Continued telemarketing may entitle you to damages.
About Do Not Call violation claimsPrerecorded cell calls
Robotic or artificial-voice calls to your cell without consent are a clear TCPA violation.
About prerecorded cell call claimsAutodialers (ATDS): FAQs
How do I know if a robocall came from an autodialer?
From your end you usually can’t be certain, but tells include a pause before a live person speaks, a recorded message, or the same campaign hitting many people. The actual proof comes out in discovery, where the company has to disclose how its system dials.
Does it count if a real person dialed me, not a machine?
It depends. Manual dialing can fall outside the autodialer rules, but other parts of the TCPA, like the Do Not Call rules and the prerecorded-voice rules, may still apply. It’s worth having the calls reviewed either way.
Do I have to prove the company used an autodialer?
No. You don’t carry that burden alone. After a case is filed, your attorney uses discovery to obtain the company’s dialing records and system details, and that’s where the proof lives.
Is an autodialed text message also covered?
Yes. Texts sent by an automated system without your written consent are treated like calls under the TCPA, and can be worth the same $500 to $1,500 each.
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