For the TCPA. " Satterfield v. Simon & Schuster, Inc., 569 F. 3d 946, 952 (9th Cir. 2009)
The TCPA describes an ATDS as "equipment that has the capability—(A) to keep or create phone figures become called, utilizing a random or number that is sequential; and (B) to dial such figures. " 47 U.S.C. § 227(b)(1)(A)(iii). "A system will not need to actually keep, create, or phone randomly or telephone that is sequentially generated, it need have only the capability to do so. " Satterfield, 569 F. 3d at 951.