Law Conference of Champions V Ticket Prices as I type: $309.00 (and rising).
People sometimes get confused as to whether GenAi or prerecorded voice calls or messages trigger the TCPA even when an ATDS is not in use.
The answer is a definitive yes.
Consider the case of Cruz v. United Collection Bureau, Inc. 2026 WL 3062149 (S.D. Cal. Oct. 13, 2026) for example.
There a collection company was sued for violating both the ATDS and the prerecorded call provisions of the TCPA.
The defense moved for summary judgment on both claims– and it won the ATDS component but lost the prerecorded call piece.
As to the ATDS usage, the court found LiveVox HCI product was not an ATDS because plaintiff failed to introduce evidence the system used a random or sequential number generator in connection with the production or storage of phone numbers. So no ATDS claim.
But on prerecorded calling the court found the plaintiff’s testimony that he had received identical sounding calls was enough to allow the claim to go to the jury– even though an ATDS was not used and even though the defense introduced evidence prerecorded calls were not used on that account.
As the court, correctly, determined a jury is free to disregard the testimony of the defense witness and credit the Plaintiff’s version of events– both pieces of evidence are admissible and both must be considered by a jury.
So a couple of things to keep in mind here:
- If you are using GenAI or prerecorded voice calling or messaging you may be subject to TCPA rules even if you are not using an ATDS; and
- Even if you have strong evidence you did not use a prerecorded call on a particular account the issue may go to the jury if the plaintiff insists he did, in fact, receive such calls from your institution.
These rules are pretty tricky so be sure to attend Law Conference of Champions V next July where we break all of this down for you in a beautiful two-day format. Tickets are just $309.00 as I type but are rising daily!
Chat soon.