News & Analysis as of

ATDS Predictive Coding

Ballard Spahr LLP

Sixth Circuit widens circuit split over TCPA autodialer definition

Ballard Spahr LLP on

In Allan v. Pa. Higher Educ. Assistance Agency, the U.S. Court of Appeals for the Sixth Circuit held that the Telephone Consumer Protection Act’s (TCPA) statutory definition of an automatic telephone dialing system (“ATDS”)...more

Womble Bond Dickinson

Court Rejects Theory in TCPA Case That SQL Server’s Supposed Capacity to Generate Numbers Makes Dialing System an ATDS

Womble Bond Dickinson on

In the face of mounting rulings from intermediate and lower courts requiring an ATDS to have the capacity to randomly or sequentially generate numbers (and thereby ruling out virtually all modern day list-based dialing...more

Akin Gump Strauss Hauer & Feld LLP

Eleventh Circuit Decision “Marks” a Further Shift in the TCPA Landscape

Key Points - On January 27, 2020, the 11th Circuit held that telephone equipment must randomly or sequentially generate numbers in order to constitute an “automatic telephone dialing system” (ATDS) under the Telephone...more

Womble Bond Dickinson

Eleventh Circuit Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers

Womble Bond Dickinson on

The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...more

Burr & Forman

Southern District of New York Holds TCPA Claim Fails To Satisfy Minimum Pleadings Requirements When Simply Parroting Statute

Burr & Forman on

Lazar Shcherb v. Angi Homeservices, Inc., 19-cv-367 (S.D.N.Y. Oct. 25, 2019) - Plaintiff filed suit against various corporate defendants alleging that they used an automatic telephone dialing system (ATDS) to call his cell...more

Womble Bond Dickinson

Courts Continue to Hold Random/Sequential Number Generation is Required to Meet ATDS Definition Under TCPA

Womble Bond Dickinson on

Recently, a string of district courts outside of the Ninth Circuit have held that to qualify as an ATDS, a device must have the capacity to generate telephone numbers randomly or sequentially. In the month since the last such...more

Womble Bond Dickinson

Another District Court Within the Seventh Circuit Finds that an ATDS Requires a Device to Randomly and Sequentially Generate...

Womble Bond Dickinson on

The lower courts in the Seventh Circuit have been very active when it comes to the definition of an ATDS after ACA International v. FCC, 885 F.3d 687, 691 (D.C. Cir. 2018). The vast majority of the opinions coming out of the...more

Womble Bond Dickinson

District Court in the Fifth Circuit Holds that Predictive Dialers are Outside the Scope of the TCPA

Womble Bond Dickinson on

Last week, the Northern District of Texas gave us our first case out of the Fifth Circuit addressing the definition of an ATDS in the post-ACA International era. In Adams v. Safe Home Security, Inc. No. 3:18-CV-03098-M,...more

Womble Bond Dickinson

TCPA Claim Dismissed for Failing to Allege Random/Sequential Number Generation

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We have previously discussed how easy it is for a TCPA claim to proceed against a party despite the slim allegations against it. However, we have also explained how important it is for TCPA defendants to not give up hope and...more

Womble Bond Dickinson

First Trial Court In Fourth Circuit Holds ATDS Requires Random or Sequential Number Generation

Womble Bond Dickinson on

For well over a year now since the D.C. Circuit’s opinion in ACA International v. FCC, the pendulum has swung back and forth amongst federal courts on the definition of an automatic telephone dialing system (ATDS) at...more

Womble Bond Dickinson

Ninth Circuit’s Marks Opinion Continues to Extend its Reach Across the Country

Womble Bond Dickinson on

In Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. 2018), cert. dismissed, 139 S. Ct. 1289 (2019), the Ninth Circuit adopted an expansive definition of an ATDS that includes devices that dial from a stored list of...more

Womble Bond Dickinson

Cross-Fire: First Lower Court Within Third Circuit Squarely Holds TCPA ATDS Opinion in Dominguez Requires Random or Sequential...

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Thus far, lower courts within the Third Circuit have been all over the place in addressing the issue of ATDS functionality post-ACA Int’l, and the meaning of the Third Circuit’s opinion in Dominguez v. Yahoo!....more

Womble Bond Dickinson

District Court Within the 7th Circuit Rules that Predictive Dialer is an ATDS Under the TCPA, Rejecting Pinkus

Womble Bond Dickinson on

I hate to be the bearer of bad news. We definitely did not see this one coming when we predicted here at TCPAland that courts within the 7th Circuit will likely ignore Marks, and adopt Pinkus post-Marks. Yesterday’s, the...more

Womble Bond Dickinson

Complete Victory: Court Awards Hilton Grand Vacations (Most) of its Costs Following Hilton’s Successful Summary Judgment Motion in...

Womble Bond Dickinson on

We previously reported that Hilton had scored a big win when the Court granted its motion for summary judgment on the grounds that the “human intervention” test from the FCC’s predictive dialer rulings survived ACA Int’l, and...more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit Creates Split Of Authority as to TCPA’s Scope

• Parting company with the 3rd Circuit, the 9th Circuit has ruled that equipment that can automatically dial stored numbers may qualify as an ATDS under the TCPA. • The ruling creates a split of authority as to whether the...more

Womble Bond Dickinson

Glass Half Full: Court Finds FCC’s Prior Rulings Still Intact, But That Defendant’s Clicker System Not an ATDS under the TCPA (And...

Womble Bond Dickinson on

Glasser v. Hilton Grand Vacations Co., No. 8:16-cv-952-JDW-AAS, 2018 U.S. Dist. LEXIS 162867 (M.D. Fla. Sept. 24, 2018) makes the twenty fifth case on our Post-ACA Int’l ATDS Scorecard. And this one falls into the same camp...more

Womble Bond Dickinson

Split in New Jersey: Court Finds Predictive Dialers not covered by the TCPA– Contrary to Earlier Rulings by Different Judge In...

Womble Bond Dickinson on

Welcome to Splitsville. As courts continue to address the definition of automated telephone dialing system (“ATDS”) within the Telephone Consumer Protection Act (“TCPA”) it was only a matter of time before we started...more

Womble Bond Dickinson

“X”-Treme Marks the Spot: Ninth Circuit Takes Extreme Position – Holds That All Dialers That Call Automatically From Lists Are...

Womble Bond Dickinson on

We broke the news this morning that the Ninth Circuit published its opinion in Marks v. Crunch San Diego, LLC, No. 14-56834, 2018 WL 4495553 (9th Cir. Sept. 20, 2018). We now have a new definition of an ATDS in the Ninth...more

Bradley Arant Boult Cummings LLP

Can You Hear Me Now? Important Considerations for Avoiding Penalties under the TCPA after ACA International

In a previous blog post, we examined the “mixed bag” result of the D.C. Circuit Court of Appeals opinion in ACA International v. Federal Communications Commission. The ACA International decision narrowed the scope of...more

Womble Bond Dickinson

Middle District of Florida Court Finds Predictive Dialers Not Subject to TCPA Unless They Randomly or Sequentially Generate...

Womble Bond Dickinson on

Well Ocwen is certainly on a roll. Just weeks after delivering a stellar win on ATDS issues in Keyes, the feisty servicer is at it again, delivering TCPAland its first ATDS ruling out of the state of Florida following ACA...more

Womble Bond Dickinson

Back to School Special: Here’s That Updated TCPA ATDS Decision Scorecard You’ve Been Waiting For!

Womble Bond Dickinson on

The seesaw battle over the Telephone Consumer Protection Act’s (“TCPA’s”) heart and soul–the definition of automated telephone dialing system (“ATDS”)–has raged all summer long. Now as the little ones head back to class its...more

Womble Bond Dickinson

Cooling a Hot Streak: Ramble Podcast Team Interviews Mike Greenwald in the Hopes of Breaking His Insufferable String of TCPA...

Womble Bond Dickinson on

Mike Greenwald and Greenwald Davidson have been making a heck of a lot of noise in TCPAland recently. Not only are they the law firm behind the recent Bad Reyes ruling, they also convinced the Eleventh Circuit that TCPA...more

Womble Bond Dickinson

That’s Alarming: Another Court Finds that Predictive Dialer Calls are Robocalls Covered by the TCPA

Womble Bond Dickinson on

Keep up everyone. In the last few days we’ve seen a flurry of developments on the ATDS definition. First came Lord and Dominguez requiring random or sequential number generation. Then came Pinkus holding that predictive...more

Womble Bond Dickinson

The Other Shoe Drops: District Court Holds (Twice) that Calls from Lists of Numbers are Robocalls Covered by the TCPA After All

Womble Bond Dickinson on

It has been a great run of ATDS decisions for TCPA defendants over the past few weeks. First, the Third Circuit Court of Appeal stated that Yahoo’s IM platform was not an ATDS for purposes of the TCPA because it did not...more

Womble Bond Dickinson

True Blue!: Yet Another Court Finds FCC’s TCPA Orders Were Vacated by ACA Int’l and Calls to Lists of Numbers Not Robocalls...

Womble Bond Dickinson on

In a new district court opinion out of the E.D. District of Michigan a court found yesterday that dialers calling from a list do not qualify as automated telephone dialing systems (“ATDS”) under the TCPA unless they generate...more

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