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Category: ATDS/Human Intervention

ATDS/Human Intervention…

Ding Dong [Auto] Dialer Claims? Another Case Demonstrates the Difficultly in Bringing ATDS Claims After Facebook

9 Nov 2021
Things certainly aren’t getting any better for the Plaintiff’s bar when it comes to ATDS (aka autodialer) claims—even in the Ninth Circuit. A court in the Southern District of California…
ATDS/Human Intervention…

Six BIG Takeaways from New York’s Recently Amended Telemarketing Law!

26 Aug 2021
For obvious reasons, the TCPAWorld focuses on the TCPA. But there are similar State laws out there that can cause massive headaches for businesses. We like to cover those too.…
ATDS/Human Intervention…

A Pyrrhic Victory? D. Mass Adopts Marks And Holds A Text Is A Call

12 Mar 202112 Mar 2021
In what could be a very short-lived victory for the plaintiff, the District of Massachusetts just adopted the Marks ATDS formulation and held that a text is a call. See…
ATDS/Human Intervention…

Out With The Old, In With The New: Archduke’s 2021 TCPA Predictions

4 Jan 20215 Jan 2021
Welcome to 2021, TCPAWorld. May it be slightly less terrible than 2020. And on that note, here are my predictions for the TCPA and calling regulations in 2021. 1) Increase…
ATDS/Human Intervention…

Archduke Live: Realtime, Unfiltered Coverage of The SCOTUS ATDS Argument

8 Dec 20209 Dec 2020
Editor’s Note: This is a live feed that will be updated continuously during the argument. If new content does not load, refresh or revisit the page for the latest updates. Earliest…
ATDS/Human Intervention

Trial Court Fails to Provide a Written Opinion, Second Circuit Upholds Dismissal of TCPA Claim Anyway

21 Sep 2020
Normally a party denied his day in court receives a written opinion explaining why his claim fails. Not so for Mr. Todd Bank, an attorney proceeding pro se on a…
ATDS/Human Intervention…

What a Disaster: Defendant’s Effort to Set Aside $233k Arbitrator Award Leads to Worst ATDS Decision in Over a Year

2 Apr 20203 Apr 2020
You know, sometimes TCPAWorld dwellers just have to take their lumps and move on from a bad ruling rather than risk creating bad law for all. Example: a Defendant in…
ATDS/Human Intervention…

A New ATDS Pleading Standard?: Big Motion to Dismiss May be Harbinger of Things to Come

31 Mar 20202 Apr 2020
As TCPAWorld.com readers are now well aware, the clear majority of courts favor a narrow statutory reading of ATDS in assessing TCPA claims.To prove a valid claim a Plaintiff must…
ATDS/Human Intervention…

Seventh Circuit Joins The Party: Another Circuit Rejects Marks And Holds A Random or Sequential Number Generator Is Required For A System to be An ATDS

19 Feb 202020 Feb 2020
Turns out words do have meaning, at least in the Third, Seventh, and Eleventh Circuits. Earlier today, a unanimous Seventh Circuit panel followed the plain language of the TCPA and…
ATDS/Human Intervention…

Glasser Half-Full? Eleventh Circuit’s Huge ATDS Ruling Has Interesting “Willfulness” Twist

28 Jan 202029 Jan 2020
Not to be lost in the Eleventh Circuit’s recent Glasser opinion, brilliantly summarized by the Czar here, is the court’s shorter decision on TCPA liability in the context of “artificial…
ATDS/Human Intervention…

Radio Clash: Czar Joins NPR’s “On Point” Live Christmas Eve at 10 AM Eastern/7 AM Pacific

23 Dec 201922 Mar 2020
For those of you looking for entertainment on your holiday drive, look no further than NPR's live call-in show, "On Point," at 10 AM Eastern/7 AM Pacific. The Czar will…
ATDS/Human Intervention…

Revolution Brewing?: California District Court Dismisses TCPA Claim for Lack of ATDS Allegations—Cites Statutory Definition and Not Marks for ATDS Standard

17 Oct 201918 Oct 2019
Ok, I’m probably reading too much into this but did you all catch the ruling in Tuck v. Portfolio Recovery Assocs., Case No.: 19-CV-1270-CAB-AHG, 2019 U.S. Dist. LEXIS 179274 (S.D.…
ATDS/Human Intervention…

LESSONS IN TCPA PLEADING: PARROTING STATUTORY LANGUAGE WON’T FLY

2 Oct 20193 Oct 2019
The general Federal pleading rule on its face would not seem to demand much to set forth a Telephone Consumer Protection Act (TCPA) claim. Rule 8 of the Federal Rules…
ATDS/Human Intervention…

TCPA Vagueness In Action: Three New Decisions Issued on the Same Day Apply Three Different ATDS Standards to Text Message Platforms—And So It Goes

2 Oct 20193 Oct 2019
Back in the 1970s (simpler times?) the Supreme Court issued a landmark decision in Grayned v. City of Rockford, 408 U.S. 104, 108-09 (1972) identifying that a statute that is…
ATDS/Human Intervention…

Texts “Violated the Spirit but Not the Letter of the TCPA”: TCPA Suit Against User of EZ Texting System Dismissed Due to Human Intervention

1 Oct 20192 Oct 2019
No sooner do I deem the 2003 and 2008 predictive dialer rulings dead than does a case come and apply them anew. Sort of. As I have stated repeatedly on…
ATDS/Human Intervention…

R.I.P. 2003 and 2008 Predictive Dialer Rulings: District Court Reverses TCPA ATDS Ruling—Sinks Final Nail into Coffin of Once Popular TCPA Argument

26 Sep 201930 Sep 2019
Just this week I explained how a tentative majority position is developing in TCPAWorld, with the statutory ATDS approach really gaining steam. Well here’s yet another big win for the…
ATDS/Human Intervention…

Wither Marks v. Crunch: District Courts In Florida And Texas Hold Random Or Sequential Number Generation Is Required Exactly One Year After The Ninth Circuit’s Troubling Decision.

20 Sep 201923 Sep 2019
One of the most oft-cited circuit court decisions, if not the most oft-cited, is Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981), in which the newly formed…
ATDS/Human Intervention…

TCPA Calm Before the Storm?: Another ND Ill Case Applies Statutory Definition—But all Eyes Are On Gadelhak

10 Sep 201911 Sep 2019
In what has become a common theme of late another court in the Northern District of Illinois has held that a dialer must operate randomly or sequentially to qualify as…
ATDS/Human Intervention…

Did It or Didn’t It?: Big TCPA ATDS Win Affirmed by Sixth Circuit—But Opinion Leaves Room For Debate as to Scope of Decision

9 Sep 201910 Sep 2019
Just what TCPAWorld needed—something else to debate. We’re going to need a replay review on this one folks. And no, I’m not talking about football. In Gary v. Trueblue, Inc.,…
ATDS/Human Intervention…

Marks Rejected By Pennsylvania Federal Court: A Predictive Dialer Is Not Per Se An ATDS In The Third Circuit

7 Aug 20198 Aug 2019
Well, TCPAWorld, the Keystone State has again opined on the issue of predictive dialers – this time, however, by faithfully following circuit precedent. In Smith v. Navient Solutions, LLC, 2019…
ATDS/Human Intervention…

Mixed Decision: Court Deems Automatic Maintenance Request System Triggered By Resident Calls Not An ATDS, But Treats Resident Voice Mails Conveying The Requests “Prerecorded Voice[s]” Within Scope of TCPA

15 Jul 201915 Jul 2019
In a positive ruling for TCPA defendants, the Northern District of Georgia declined to treat a maintenance request system as an ATDS where human intervention (here in the form of…
ATDS/Human Intervention…

Two In A Row: Second New Ruling Holds Random and Sequential Number Generation Required to State TCPA Claim—Dismisses Case With Prejudice

17 Jun 201919 Jun 2019
As the Jester just reported, another court in the Northern District of Illinois found that random and sequential number generation is required to state an ATDS claim, restoring balance to…
ATDS/Human Intervention…

Counter-punch: Northern District of Illinois Pulls Back From Marks By Holding (Again) That An ATDS Requires Allegations Of Random Or Sequential Number Generation To Survive An Early Dispositive Motion

17 Jun 201919 Jun 2019
Early last week, as the Czar reported, TCPAWorld was a little taken aback by the Northern District of Illinois’s apparent abrupt departure from the district’s 2018 Pinkus decision, which had…
ATDS/Human Intervention…

Outlier: As Robocall Battle Rages On Marks TCPA Analysis Followed for the First Time In the Northern District of Illinois

12 Jun 201913 Jun 2019
It is no secret that the Courts are spit to high heaven on the proper definition of automatic telephone dialing system (“ATDS”) found within the Telephone Consumer Protection Act. (“TCPA.”)…
ATDS/Human Intervention…

Heavy Duty Ruling: Sheer Call Numbers Do Not Equate To An ATDS

7 May 20199 May 2019
The bare allegation of a large number of calls received is not enough to infer the employment of an automatic telephone dialing system (ATDS) to make them. That was the…
ATDS/Human Intervention…

Text Me 6 Times, Shame on Me; Text Me 30 Times, Shame on You: Court Holds TCPA Plaintiff Plausibly Alleged That Defendant Exceeded the Scope of Consent

6 May 20197 May 2019
Although they often get lost in the morass surrounding the definition of an ATDS, significant TCPA cases continue to turn on the scope of consent. Hudson v. Ralph Lauren Corp.…
ATDS/Human Intervention…

Mucho Gracias! Northern District of Illinois Rejects Expansive Definition of Autodialer for Spanish Survey Texts

3 Apr 20194 Apr 2019
In the midst of chaos over the proper definition of the statutory term “automated telephone dialing system,” the Northern District of Illinois reminds us that the plain language of the…
ATDS/Human Intervention…

No Shelter: Summary Judgment Entered Against Defendant on ATDS Issue Under Marks—Good Reyes Rejected— “Stop Calling” Found to Be Revocation as a Matter of Law

28 Mar 201930 Mar 2019
Wow this is a bad one from TCPA defendants. There’s simply no shelter from Marks in the Ninth Circuit, which is not particularly surprising. But the court in Singer v.…
ATDS/Human Intervention…

Deference No More: What BNSF Railway v. Loos Teaches About Future Hobbs Act Challenges to FCC TCPA Orders And The Definition Of An ATDS.

6 Mar 20197 Mar 2019
At first blush, the Supreme Court’s recent decision in BNSF Railway v. Loos would seem to have little relevance to TCPA World. The case, after all, involves whether compensation paid…
ATDS/Human Intervention…

Time Warp: Court Adopts Old ATDS Reasoning in Denying Motion to Dismiss

28 Feb 201928 Feb 2019
All that is old is new again in TCPAworld. In Asher v. Quicken Loans, Inc., Case No. 2:17-cv-1203, 2019 WL 131854 (D. Utah Jan. 8, 2019) ruled that allegations the…
ATDS/Human Intervention…

What a Win! Court Allows Fraud Claim Against Repeat TCPA Player to Proceed For Failing to Opt-Out of Messages

28 Feb 201928 Feb 2019
Now we’re talking TCPAworld! In a new ruling released recently a magistrate judge in Texas has recommended allowing a fraud claim to proceed against a repeat TCPA Plaintiff who allegedly…
ATDS/Human Intervention…

LaBoom Goes the Dynamite: New York District Court Grants Defendant Judgment in TCPA Case because Text Message System Did Not Automatically Determine Time Texts Were to be Sent

28 Feb 20191 Mar 2019
Timing really is everything. As TCPAWorld continues to struggle with the evolving definition of the TCPA’s critical “automated telephone dialing system” (“ATDS”) language, a court in New York has given…
ATDS/Human Intervention…

Who Called Who?: Eastern District of New York Dismisses Complaint by Serial TCPA Plaintiff For Failure To Allege Who Actually Called Him

27 Feb 201928 Feb 2019
Long-term residents of TCPA World are likely familiar with Todd C. Bank, a New York attorney and frequent TCPA plaintiff. Well, the Eastern District of New York is familiar with…

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