I just can’t believe it. In Duran v. La Boom Disco, case no. 19-600-cv, (2nd Cir. 2020)–available here- LaBoom-the Second Circuit Court of Appeals held today that the TCPA’s ATDS definition includes any dialer that can call automatically from a list–following the Ninth Circuit’s approach in Marks. Specifically the Court holds: we hold that an ATDS may call … Continue reading BREAKING TCPA NEWS: ARE YOU KIDDING ME?–SECOND CIRCUIT COA FOLLOWS MARKS–FINDS ATDS INCLUDES TEXTS SENT FROM LIST