NICE WIN!: LiveVox “Manual Click” Solution Determined Not to be an ATDS as PRA Earns Summary Judgment in TCPA Suit

Honeymoon? What honeymoon. Let’s talk ATDS cases!

Haven’t seen a good ATDS ruling in a while.

Here’s one!

In Wofford v. Portfolio Recovery Associates, LLC 2026 WL 124312 (N.D. Cal. Jan. 16, 2026) the court ruled a LiveVox click-to-dial system used by PRA was not an ATDS in granting summary judgment to the defense.

Now before we dive deeper here I should note– the Plaintiff did not have a lawyer on this one. So her arguments were… underdeveloped. And no expert was employed to actually look at the LiveVox system. So take this one for what its worth.

Still though, pretty nice win.

Two key pieces here.

First, Wofford tried to argue she received prerecorded calls– which automatically trigger the TCPA– but the court would not credit here self-serving statements without additional evidence:

In opposing summary judgment, Wofford declared that she “[r]ecalled prerecorded messages.” (Dkt. No. 42 at 7.) But
she never elaborated upon this self-serving conclusory statement, nor is there any other record evidence to support it. Wofford
conceded at her deposition that a child erased any PRA calls stored on her answering machine, so she has no recordings of
any such calls. (Dkt. No. 34-5 at 38.) In fact, she testified that she had no documentary evidence that PRA used an artificial or
prerecorded voice in making calls to her. (Id. at 28.) She corrected this answer in her deposition errata, but even then, she only
stated that “LiveVox’s publicly available materials describe comprehensive [Interactive Voice Response] IVR functionality as
an integrated component of the platform.” (Dkt. No. 34-7 at 4.) She went on to state that she “cannot testify with certainty about
every specific call” with respect to artificial or prerecorded voices, and “cannot say with certainty” whether IVR functionality
was activated during PRA’s calls. (Id.) Moreover, when confronted with Siegel’s declaration statement that PRA’s LiveVox
systems are incapable of using an artificial or prerecorded voice, she did not raise her memory of prerecorded messages. (Dkt.
No. 34-5 at 27–28.) Considering PRA’s evidence to the contrary, Wofford’s conclusory assertion that she “[r]ecalled prerecorded
messages,” without any additional facts or evidence, does not preclude summary judgment. (See Dkt. No. 42 at 7; F.T.C. v.
Publ’g Clearing House, Inc., 104 F.3d 1168, 1171 (9th Cir. 1997), as amended (Apr. 11, 1997) (“A conclusory, self-serving
affidavit, lacking detailed facts and any supporting evidence, is insufficient to create a genuine issue of material fact.”).)

Get it?

Plaintiff claimed she received prerecorded calls but had no evidence of it. Her assertion a kid deleted the recordings was rejected by the court–especially given the evidence from LiveVox that the system could not even play such messages.

Second, the court held the plaintiff failed to introduce evidence of ATDS usage. The court did not spend much time looking at the relevant functionalities of the system as the Plaintiff essentially just threw websites about LiveVox at the court without expert testimony. The Court determined whatever the broader LiveVox system might be able to do the PRA system was more limited:

The relevant capabilities are those of PRA Manual Click, not those of other LiveVox platforms that PRA does not access. Wofford also speculates that PRA Manual Click may have changed since Siegel’s 2021 declaration, but she submits no evidence from which a factfinder could draw that conclusion.

So there you go.

While this is a nice ruling it is important to keep in mind:

1. Plaintiff had no lawyer;
2. Plaintiff had no expert; and
3. Case is in the 9th circuit where a very narrow ATDS definition is applied.

Make sure you have the very latest information on ATDS cases! Request a FREE copy of the 2026 Troutman Amin, LLP TCPA Annual Review, presented by Contact Center Compliance right now!!

FIRST DAY OF CZARMAS 2026: THE 2026 TROUTMAN AMIN, LLP TCPA ANNUAL REVIEW, Presented By Contact Center Compliance is now FREE for the Asking!!!!!!!!!!!

Chat soon!