ATDS – TCPAWorld

Another Motion to Dismiss Denied: ATDS Allegations For Unwanted Text Messages Sufficient at Pleading Stage

31 Mar 2020

A text message is considered a call under the TCPA. And to state a valid TCPA claim, the plaintiff must show that the equipment or system used to send the…

Uncategorized

Another Case Holding Random or Sequential Number Generation Is Required For An ATDS under the TCPA

14 Jan 202015 Jan 2020

While the world is all watching curiously to see whether the SCOTUS will swing the axe this time at the TCPA's content-specific exemption, a decision yesterday by the Middle District…

Uncategorized

District Court Stays Action Pending FCC and 11th Circuit Rulings

6 Jan 20207 Jan 2020

For a case that “turns in part on what constitutes an automatic telephone dialing system (“ATDS”) under the TCPA” “to conserve the parties’ and judicial resources” the Honorable Judge Cecilia…

Uncategorized

She Can Infer ATDS Claims, But Her FDCPA-Name Claim Fell Short

6 Jan 2020

A TCPA claim for an ATDS violation cannot be a bare conclusion. On the other hand, you don't need to plead specific technical detail. Rather, a plaintiff only needs to…

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If You Don’t Answer, You Lose

2 Jan 202022 Mar 2020

My colleague recently covered a serial TCPA plaintiff who won a sizable judgment after the Defendant failed to respond to his Motion for Summary Judgment. Along the same lines, in…

Class Actions

Class Members Thought They Would Get $900, but End Up With $22

15 Nov 201919 Dec 2019

Imagine expecting to receive a $900.00 settlement payday only to walk away with a check for 22 bucks! That’s what happened in Charvat v. Valente, No. 12-cv-05746, 2019 U.S. Dist.…

Uncategorized

Refresher on TCPA Liability for Calls to Cell Phones: 1) The DNCR Provision Only Prohibits Calls to Residential Lines, But; 2) Using an ATDS without Prior Consent is Prohibited to Cell Phones Even for Business Purposes

14 Nov 201914 Nov 2019

It remains a source of common confusion here in TCPAWorld. But not understanding the TCPA rules surrounding business to business calls can land you in a world of hurt. Let’s…

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/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.”)…

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