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Category: ATDS/Predictive Dialer Cases

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/Predictive Dialer Cases

Court Soundly REJECTS Footnote 7 In Clearest Argument Yet!!

13 Sep 202113 Sep 2021
In Facebook, the Court rejected the Ninth Circuit's expansive understanding of what constitutes an automatic telephone dialing system or autodialer. But ambitious TCPA lawyers keep trying to chip away at…
ATDS/Predictive Dialer Cases…

THE WINS KEEP COMING! Another Court Finds Calling From Curated List of Numbers is Not R&SNG

2 Sep 2021
Well TCPAWorld, we have another great post-Facebook case for you. Franco v. Alorica Inc., No. 2:20-CV-05035-DOC-(KESx), 2021 U.S. Dist. LEXIS 164438 (C.D. Cal. July 27, 2021) used the Supreme Court’s…
ATDS/Predictive Dialer Cases…

A Win and a Loss (but Mostly a Win!) Court Grants Motion to Dismiss on Vicarious Liability Theory

18 Aug 202118 Aug 2021
Earlier this week, a court in New Jersey handed green energy company, Suntuity, a win and a loss on its motion to dismiss. The case is about a putative nationwide…
ATDS/Predictive Dialer Cases…

CRUISING TO A WIN: Another Court Rejects FN7 Argument—Dismisses TCPA Complaint at the Pleadings Stage in Marketing Suit

16 Aug 202118 Aug 2021
Editor's Note: Big welcome to Sam--another tremendous addition to our powerful team! Be sure to check out the Facebook Ruling Resource Page for an up to date case list of post-Facebook…
ATDS/Predictive Dialer Cases…

Predictive Dialer NOT ATDS After Facebook! In Huge Post-Facebook Ruling Court GRANTS Defendant Summary Judgment, But Will Other Courts Follow?

1 Jun 20212 Jun 2021
As we've covered, earlier this year a unanimous Supreme Court held that the TCPA means what it says: for equipment to qualify as an ATDS, the TCPA "requires that in…
ATDS/Predictive Dialer Cases

No Authority! Insurance Company Obtains Dismissal of TCPA Claim for Lack of Agency With Alleged ATDS Calls

18 May 202118 May 2021
Under the TCPA, liability attaches to the party who makes the call.  Easy enough.  But it goes further than that. The FCC has interpreted the TCPA to reach sellers who…
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…
Arbitration…

Partial Win for Company Facing Nationwide ATDS Class Action: Court cannot Exercise Personal Jurisdiction Over Out-of-State Named Plaintiffs, but Arbitration Clause “Unconscionable” and ATDS Allegations Sufficient

2 Mar 2021
Facing a nationwide TCPA class action for calls allegedly made using an ATDS, DirecTV sought partial dismissal on multiple grounds:  (1) the lack of personal jurisdiction over certain named plaintiffs;…
ATDS/Predictive Dialer Cases

No Summary Judgment on ATDS Allegations, Despite Glasser

16 Feb 202116 Feb 2021
As we've covered extensively, the Eleventh Circuit's ruling in Glasser provided a helpful victory for TCPA defendants facing ATDS claims.  The decision holds that the TCPA only applies to ATDS…
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/Predictive Dialer Cases…

Trouble in New Mexico for a Company and Its Officer

21 Dec 2020
In a decision with several important takeaways, the United States District Court for the District of New Mexico refused to dismiss a lawsuit filed by Robert Mestas against CHW Group…
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/Predictive Dialer Cases…

No TCPA Claims Against Debt Collectors Allowed!: Court holds that ATDS Allegations Against Debt Collection Companies Simply not Plausible in Seventh Circuit

22 Jul 202023 Jul 2020
Here’s a big TCPA ruling for debt collectors and servicers-- and a bit of a downer for everyone else. The Court in Mosley v. General Revenue Corp., Civil Action No.…
ATDS/Predictive Dialer Cases…

The TCPA and the First Amendment: Where We Are and Where We’re Going

13 Jul 202015 Jul 2020
Following the Supreme Court’s long awaited, but ultimately disappointing, decision in Barr v. AAPC, one thing is clear. Broad, facial challenges to the TCPA based on the government-backed debt exemption…
ATDS/Predictive Dialer Cases…

Missed Marks: Court Transfers Carpet Bagging TCPA Class for Improper Attempt to Bend Venue Rules to Take Advantage of 9th Circuit Case Law

26 May 202028 May 2020
As TCPAWorld is well aware, the 9th Circuit’s Marks decision broadly defines what constitutes an ATDS under the TCPA. And, of course, this decision has led plaintiffs to seek out…
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/Predictive Dialer Cases…

A Three-Way Circuit Split on ATDS?: Court Recognizes Mass ATDS Confusion in Overruling TCPA Pleadings Challenge

5 Mar 20206 Mar 2020
Now how did I overlook this? I often say that no one profits from the ATDS chaos more than a guy running a TCPA-related website. Ahem. But even I, apparently,…
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/Predictive Dialer Cases…

“Remember these words”: Eleventh Circuit COA Absolutely Torches Expansive TCPA Reading–Holds ATDS Requires Random or Sequential Number Generation

28 Jan 202028 Jan 2020
The Telephone Consumer Protection Act ("TCPA") is going up in smoke before our very eyes. The statute, which is the Federal government's official anti-robocall bill and the chief weapon used…
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/Predictive Dialer Cases…

TCPA Quick-Hitter: Court Finds “Artificial or Prerecorded Voice” Is Not a Legal Conclusion (But “Predictive Dialer” and “ATDS” Are!)

7 Nov 2019
In TCPA World, I quickly learned that discovery is an art to the most experienced and skilled litigators.  Overbroad requests and objections that lack specificity and detail won’t cut it…
ATDS/Predictive Dialer Cases

Train Kept-A Rollin: District of Maryland Joins Growing List of Courts to Reject Marks, Stays Case Pending Fourth Circuit Action.

21 Oct 201923 Oct 2019
As the Czar remarked recently, courts outside of the Ninth Circuit continue to reject the Marks court’s overt departure from the statutory definition of an ATDS. We can now add…
ATDS/Predictive Dialer Cases…

TCPA in Review: Updated ATDS Scorecard Shows Marks Approach Losing Ground– But “Capacity” And “System” Vagueness Remains

18 Oct 201918 Oct 2019
As I reported yesterday, a court within the Ninth Circuit's footprint recently issued a ruling dismissing a TCPA claim without referencing Marks. This is not as surprising as it may sound…
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…

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/Predictive Dialer Cases…

REPUBLISHED: Happy First Birthday to Marks–Taking Stock of TCPAWorld One Year After the TCPA ATDS Decision That Changed Everything

20 Sep 201923 Sep 2019
Editor's Note: This piece originally ran as an "Expert Analysis" piece in Law360 entitled "The State Of TCPA Litigation 1 Year After Marks V. Crunch." It is re-published here with…
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/Predictive Dialer Cases

The Lone Star State Speaks: Northern District of Texas Holds Predictive Dialers Are Not An ATDS

31 Jul 20191 Aug 2019
In the post-ACA battle over the definition of an ATDS, Texas was one of the few large states not to address the issue. Until now. In a first-in-the-state result, the…
ATDS/Predictive Dialer Cases…

Hedging Bets: Court Finds Sufficient Allegations of ATDS without Taking Clear Stance on Standard

19 Jul 201922 Jul 2019
Photo by Mídia on Pexels.com The Western District of Oklahoma weighed in on the pleading standard for an ATDS earlier this week, denying a defendant’s motion to dismiss the plaintiff’s…

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