Noble Systems Submits Amicus Brief to Supreme Court on the TCPA’s “Autodialer” Interpretation

Noble Systems Corporation, a global leader in omnichannel contact centre technology solutions, has submitted an amicus brief to the Supreme Court to aid in its consideration of the interpretation of an “autodialer,” as defined in the Telephone Consumer Protection Act (“TCPA”). The Supreme Court is addressing the statutory definition this term in Facebook v. Duguid.

The Telephone Consumer Protection Act’s (“TCPA”) definition of an “autodialer” has been a frustrating issue to contact center operators for years – and has been associated with thousands of TCPA suits filed each year and billions of dollars in settlements and judgements. The Federal Communications Commission (“FCC”) had variously interpreted the TCPA’s autodialer definition over the years, but its most recent interpretation was struck down by the federal courts in 2018. Since that time, various Circuit Courts of Appeals have fashioned their own interpretation, leading to diverse interpretations of what constitutes an “autodialer.” Now, the issue has come before the Supreme Court.

While Noble Systems is not a party in the Facebook case, the company has submitted prior comments to the FCC on the operation of dialers and how that impacts the interpretation of the TCPA’s autodialer definition. The U.S. Government, which is a party to the case, cited Noble Systems’ comments in its own response brief to the Supreme Court. Those comments have also been found useful in a number of other cases, including by the 11th Circuit Court of Appeals (Glasser v. Hilton Grand Vacations Co.) and the 7th Circuit Court of Appeals (Gadelhak v. AT&T Serv., Inc.). Consequently, Noble Systems, along with the Professional Association for Customer Engagement (“PACE”), has submitted an amicus brief elaborating on this issue.

Karl Koster, chief regulatory counsel for Noble Systems, stated, “Noble Systems maintains an active presence in regulatory arenas and has advocated for technologies and regulations to reduce the number of illegal robocalls. Our hope is that the Supreme Court will find our amicus brief useful as they address the autodialer definition, as other Courts and parties have done.”

Jim Noble, CEO and President of Noble Systems, speaks to the current use of technology in the call centre arena, saying, “While the TCPA has in the past been useful to reduce robocalls, it is no longer the appropriate tool, and an updated approach is needed. Today, call authentication technology is recognized by many of the industry’s leaders as the right solution to restore consumer trust in telephone calls. Noble Systems will continue to advocate for the contact centre industry and to promote best practices for today’s consumer environment.”

About Noble Systems

Noble Systems Corporation is a global leader in the customer communications industry, providing innovative solutions for Contact Center, Workforce Engagement, Analytics, and Gamification technologies. Tens of thousands of agents at client installations worldwide use Noble platforms to manage millions of customer contacts each day. Noble offers a unified suite of inbound, outbound, and omnichannel contact processing, strategy planning, resource management, and compliance tools for companies of all sizes. Our premise, cloud, and innovative premise/cloud hybrid platforms include ACD, predictive dialing, blended processing, recording and monitoring, IVR, messaging, interaction analytics, robotic process automation and decisioning, workforce management, and gamification. With a portfolio of more than 210 patents and growing, Noble leads the way in pioneering solutions for the contact center market.

For more information visit http://www.noblesystems.com.