Automatic Telephone Dialing System

06.13.2018 | Joshua H. Threadcraft

Legislation Proposed in House and Senate Addressing the Definition of “Robocalls,” Revocation and Re-Assigned Numbers

Both the House and Senate have proposed legislation that could have profound implications on TCPA litigation. The companion legislation introduced by Democratic Congressman Frank Pallone,…

05.22.2018 | Joshua H. Threadcraft

ACA International Heavily Influences District Court’s Holding Defendant Did Not Use ATDS

Herrick v. GoDaddy.com, LLC, No. CV 16-00254-PHX-DJH, 2018 WL 2229131 (D. Ariz. May 14, 2018) Background In 2015, Defendant contracted with a third-party web-based software…

05.17.2018 | Joshua H. Threadcraft Zachary D. Miller

FCC Seeks Comments on TCPA in Wake of ACA International Decision

On May 14, 2018, in the wake of the landmark decision ACA International v. FCC, 855 F.3d 687 (D.C. Cir. 2018), the Federal Communications Commission…

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…