TEXTEDLY NOT AN ATDS: Ninth Circuit Court of Appeals Issues Quick and Dirty Opinion Springing Concentra from TCPA Class Suit

No surprise here but I figured I would write this up for everyone ahead of the weekend.
As TCPAWorld readers know the Ninth Circuit now has the most restrictive ATDS definition in the nation. It might be a trap but, either way, there is no way a Plaintiff can bring a successful TCPA ATDS suit in the Ninth Circuit right now unless a company is truly just random blasting people (although it has been tried.)
Earlier this week the Ninth Circuit Court of Appeals followed its Borden ruling in a case involving text platform Textedly. The ruling provided:
Textedly did not store or produce randomly or sequentially generated telephone numbers, Concentra’s text message was not sent to Pascal via use of an autodialer in violation of the TCPA.
Easy breasy.
The case is:
Pascal v. Concentra, 2023 WL 2929685 (9th Cir. 2023)(Not published.)
Happy weekend all!


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