Automatic Telephone Dialing System

12.9.2016 | Joshua H. Threadcraft

What is an ATDS? The New Battleground in TCPA Litigation Since the FCC’s Declaratory Ruling

The world of Telephone Consumer Protection Act (TCPA) litigation is constantly changing. With this evolution, new issues arise on almost a daily basis, challenging those…

09.7.2016 | Joshua H. Threadcraft

Florida Court Dismisses TCPA Claim Holding Technology Used To Make Calls Not Autodialer

Eduardo Pozo v. Stellar Recovery Collection Agency, Inc., No. 8:15-cv-929-T-AEP (M.D.Fla. Sept. 2, 2016) Defendant called Plaintiff believing it was contacting a third party to…

08.16.2016 | Joshua H. Threadcraft

Georgia District Court Dismisses TCPA Claim Due To Human Intervention

Colette Jenkins v. MGage, LLC, No. 1:14-cv-2791-WSD (N.D. Ga. Aug. 12, 2016) Plaintiff filed this TCPA lawsuit after receiving 150 text messages over an approximately…

11.3.2015 | Joshua H. Threadcraft

Yahoo! Maybe Not. Third Circuit Remands Case Granting Summary Judgment To Determine Whether ATDS Used in Light of FCC Declaratory Ruling

Dominquez v. Yahoo, Inc., No. 14-1751 (3rd Cir. Oct. 23, 2015) Plaintiff bought a cell phone that came with a reassigned number. The previous owner…

11.2.2015 | Joshua H. Threadcraft

U.S. Senate Passes Bill Paving Way For ATDS Calls To Cell Phones Collecting Debt Owed Government

In the early hours of Friday morning, the U.S. Senate passed a budget bill 64-35, authorizing the use of automatic telephone dialing systems (ATDS) to…

11.22.2013 | Joshua H. Threadcraft

FCC Seeks Comment On What Constitutes “Capacity” As The Term Is Used In The TCPA

The Telephone Consumer Protection Act defines the phrase Automatic Telephone Dialing System (ATDS) as equipment that has the capacity: (A) to store or produce telephone…

09.26.2013 | Joshua H. Threadcraft

Alabama District Court Holds System is ATDS if has Present Capacity to Store or Produce and Call Numbers at Time of Call Even if Not Utilized

Hunt v. 21st Mortgage Corp., No. 2:12-cv-2697-WMA, 2013 WL 5230061 (N.D. Ala. Sept. 17, 2013) Pending before the court was a Motion to Compel Discovery…

10.26.2012 | Joshua H. Threadcraft

Florida District Court Denies Plaintiff’s Motion for Summary Judgment for Failure To Demonstrate Automatic Telephone Dialing System Was Used

Buslepp v. Improv Miami, Inc., No. 12-601771-CIV, 2012 WL 4919809 (S.D. Fla. Oct. 16, 2012) Plaintiff filed a purported class action, contending that Defendant, which…

10.15.2012 | Joshua H. Threadcraft

US Court of Appeals for Ninth Circuit Affirms Class Certification, Order Granting Preliminary Injunction to Stop Calls and Holds Prior Express Consent is Given During Transaction Resulting in Debt

Meyer v. Portfolio Recovery Associates, LLC, No. 11-56600, 2012 WL 4840814 (9th Cir. Oct. 12, 2012) Pending before the U.S. Court of Appeals for the…