Autodialer TCPA Definition, the Duguid Ruling and What Equipment It Covers

This is general information, not legal advice. Only federal law is covered, as read on 4 October 2026; several US states have their own statutes with their own definitions.

Autodialer TCPA definition in the statute

The Auto Dialer starts with the statute's exact words, since paraphrase causes most confusion. The Telephone Consumer Protection Act, at 47 U.S.C. 227(a)(1), gives the “automatic telephone dialing system” this definition: “equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.” The FCC repeats the same definition for “autodialer” in 47 CFR 64.1200(f)(2). “Capacity” looks at what the equipment can do, not only what it did on a given call. And the comma before “using” ties the number generator to both storing and producing. That reading is the one the Supreme Court adopted on 1 April 2021 in Facebook v. Duguid, holding that “a necessary feature of an autodialer ... is the capacity to use a random or sequential number generator to either store or produce phone numbers to be called.” On that reading, equipment that only dials numbers from a stored list, without that capacity, falls outside the federal definition.

Autodialer TCPA rules that depend on the definition

The definition matters for one cluster of rules in 227(b)(1)(A). Calls made “using any automatic telephone dialing system or an artificial or prerecorded voice” to an emergency line, a hospital patient's room, or a number on a mobile or other service where the called party pays need prior express consent, unless the call is for an emergency. For telemarketing calls, the FCC's rule at 64.1200(a)(2) sets the bar higher, at prior express written consent. Note the “or”: a prerecorded or artificial voice triggers the same consent rule even without an autodialer.

• Depends on autodialer status: consent for autodialed calls to mobiles and the other protected lines.
• Depends on a recorded or artificial voice: the same consent rule, reached by a different trigger.
• Depends on neither: the national registry, company opt-out lists, caller identification and the hours rule for telephone solicitations. Those are described for working teams on the auto dialer USA page.

Autodialer TCPA terms

Autodialer TCPA requirements for list dialers

Phone apps that call a list in order raise the question this page is named for. Here is what can be said about The Auto Dialer as fact, without drawing the legal conclusion:

• It dials numbers that come from your own leads, imported files, sheets, call history or follow-up reminders.
• It has no feature that creates random or sequential numbers to call.
• It never plays a recorded or synthetic voice; the caller speaks on every connected call.
• Each phone handles one call at a time, and the caller can pause, skip or stop the session.

Whether those facts settle a particular claim is for a lawyer, and some state laws define autodialers on their own terms. Live-calling teams still need registry checks and opt-out records, which the do not call list guide covers. For what changes when calls are recorded messages, see voice broadcasting.

Autodialer TCPA example

Round numbers, for illustration; not legal analysis of a real case.

A compliance officer at a mortgage brokerage in Phoenix is asked whether the sales team may use a list dialer on 2,000 mobile numbers from rate-quote requests. She works through three questions. Does the tool play recordings? No, so the voice trigger is off. Does it generate numbers? No, it dials the brokerage's own leads, which she notes alongside Duguid while flagging state law for outside counsel. Are the calls telemarketing to registered numbers? Some are, but every lead enquired within the last three months, so she has the team record each request date. The brokerage's wider calling setup is discussed under mortgage dialer.

Autodialer TCPA limits

This page does not cover state statutes, later court decisions or FCC orders after 2021, and it is not a substitute for advice on a specific campaign. The Auto Dialer also cannot tell you whether a given number is mobile or registered. Campaign phone banks, where the mobile-number rule comes up most, are discussed on the political dialer page. For a plain-language overview of every country the site covers, see auto dialer legality by country. Teams calling beyond the US can compare the auto dialer Canada rules, the dialer for Australia rules and is auto dialer legal in India.