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Category: ATDS/Human Intervention

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…
ATDS/Human Intervention…

Facts Matter: District Court Refuses To Dismiss Based On Ramos At The Pleading Stage

27 Feb 201928 Feb 2019
The precise meaning of the phrase “human intervention” continues to plague courts that stubbornly continue to apply the 2003 and 2008 FCC Orders. A significant case in that context is…
ATDS/Human Intervention…

Marks Stopper: Iowa District Court Rejects Ninth Circuit’s “Overly Broad” ATDS Definition

11 Jan 20197 Mar 2019
Sometimes it takes courage to do the right thing. In Harbach v. Usaa Fed. Sav. Bank, Case No. 15-CV-2098-CJW-KEM, 2019 U.S. Dist. LEXIS 3687 (N.D. Iowa  Jan. 9, 2019) the…

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