TCPA QUICK HITTER: Conclusory ATDS Allegations Insufficient to State a TCPA Claim

So I have five minutes before I jump on a podcast with Jay Edelson–his, not mine–but wanted to get a quick report up first.

In Demarttes v Enhanced Recovery,  Slip Copy2022 WL 4121217 (E.D. N.Y. Sept. 12, 2022) the Court granted a motion to dismiss where a Plaintiff had alleged only conclusory allegations of ATDS usage. The Court held that a Plaintiff must do more than merely allege that an ATDS was used–facts making that allegation plausible must also be stated.

This is hardly news–virtually every case has said the same thing. And Demarttes does not discuss what functionalities need be alleged. So it really is just a quick quick hitter. But always important to keep in mind that mere “defendant used an ATDS” allegations never pass muster.

That’s all I have for you today my dear TCPAWorld. More tomorrow (or maybe after dark!)


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