T-Mobile USA, Inc. v. William Persichetti
In T-Mobile USA, Inc. v. William Persichetti, the court addressed TCPA liability for calls made using a system that does not store or produce numbers using a random or sequential number generator, potentially narrowing the definition of an autodialer. The decision may affect how businesses classify their dialing systems and defend against TCPA claims.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on July 7, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Medium urgency. Contact centers, lead-gen/affiliates, SMS marketers, debt/insurance dialers using predictive dialers or similar technology should confirm how it applies to their specific situation before acting. There is a time constraint attached: Ongoing; assess before next dialing campaign or litigation. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Telemarketing & TCPA Compliance continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
The court clarified that a system must have the capacity to generate random or sequential numbers to be an autodialer under the TCPA, potentially excluding systems that only dial from a pre-loaded list.
Who it affects
Contact centers, lead-gen/affiliates, SMS marketers, debt/insurance dialers using predictive dialers or similar technology
What you must do
Review your dialing systems to determine if they meet the new autodialer definition. If your system does not generate numbers randomly or sequentially, you may have a defense against TCPA autodialer claims.
Deadline
Ongoing; assess before next dialing campaign or litigation
Source: https://www.courtlistener.com/opinion/10658098/t-mobile-usa-inc-v-william-persichetti/
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