TCPA Quick Hitter: Another Court Holds Click and Pause Allegations Sufficient to Survive the Pleadings Stage

So when I put together the materials for my huge Facebook Six Months Later webinar, I was surprised to find a clear majority rule effectively sidelining Facbeook at the pleadings stage.

Courts continue to unabashedly allow TCPA ATDS cases to survive the pleadings stage any time the Plaintiff alleges noticing a “click and pause” before the connection of a call including a live voice.

The latest example: Smith v. Direct Bldg. Supplies, CIVIL ACTION No. 20-3583, 2021 U.S. Dist. LEXIS 193657 (E.D. Pa. Oct. 7, 2021).

Here’s what the Court says:

The Court finds that the FAC has sufficiently alleged the use of an ATDS by Direct Building Supplies, as it alleges that there was a “noticeable pause and delay before Defendant came on the line” during each of the five offending calls, as well as that Smith had no prior relationship with Direct Building Supplies prior to the October 4 call.

Another one for the ole Facebook Ruling Resource page.

See you all in Vegas in two weeks!


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