decline the reach the question whether the device needs to have the current capacity to perform the required functions or just the potential capacity to do so. Cf. Meyer v. Portfolio Recovery Assocs.
In the second Court of Appeal decision to reach the TCPA’s definition of ATDS this week, the Second Circuit Court of Appeal held today in King v. Time Warner Cable, Case No. 15-2474-c, 2018 U.S. App.
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