Brickman v. Meta Platforms, Inc.

• Court: 9th Circuit Court of Appeals Archives
• Area(s) of Law: Civil Law
• Date Filed: 12-21-2022
• Case #: 21-16785
• Judge(s)/Court Below: Gilman, J. for the Court; Callahan, J.; and VanDyke concurring.
• Full Text Opinion

Under the TCPA an autodialer is a piece of equipment which stores or produces telephone numbers to dial using a random or sequential number generator.

Petitioner argued that Meta Platforms, Inc. (Meta) used an “autodialer” and violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited “Birthday Announcement” text messages. Under the TCPA an autodialer is a piece of equipment which stores or produces telephone numbers to dial using a random or sequential number generator (an RSNG). The question on appeal was whether an RSNG must generate the telephone numbers which were dialed. Petitioner did not argue, as it was not disputed, that he gave his phone number to Meta which stored that number. Under the plain text of the TCPA, an autodialer must generate or dial random or sequential telephone numbers to violate the TCPA. It must generate telephone numbers, not just any number. AFFIRMED.

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