Posts tagged "TCPA"

United States District Courts Reach Differing Conclusions on Definition of Automated Telephone Dialing System

The United States District Courts for the District of Massachusetts and the Northern District of Illinois recently reached different conclusions on the definition of an Automated Telephone Dialing System ("ADTS"), reinforcing a split of authority among courts across the country on the definition of such a system under the Telephone Consumer Protection Act ("TCPA), 47 U.S.C. § 227(a)(1).  The TCPA's definition of an ADTS is "Equipment that has the capacity - (A) to store or produce telephone numbers to be called, using a random or sequential number generator, and (B) to dial such numbers."

Computer-Based Phone System Does Not Violate TCPA Prohibitions on Use of Automatic Telephone Dialing Systems

The United States District Court for the Southern District of Florida has agreed with the Northern District of Illinois's reasoning in Arora v. Transworld Systems Inc., 2017 WL 3620742 (N.D. Ill. Aug. 23, 2017), and found that a loan servicer's use of a computer-based phone system to contact an individual's cell phone without permission does not violate the Telephone Consumer Protection Act's ("TCPA"), 47 U.S.C. § 227, prohibition on the use of Automatic Telephone Dialing Systems ("ATDS"). The plaintiff in Ferrer v. Bayview Loan Servicing, LLC, 2018 WL 582584 (S.D. Fla. Jan. 25, 2018) alleged that Bayview Loan Servicing, LLC's ("Bayview") calls to her cell phone after she revoked consent constituted prohibited use of an ATDS pursuant to the TCPA.

Web-Based Dialing System Does Not Violate TCPA Prohibitions on Use of Automatic Telephone Dialing Systems

The United States District Court for the Northern District of Illinois has found that a debt collector's use of a web-based dialing system to contact an individual's cell phone without permission does not violate the Telephone Consumer Protection Act's ("TCPA"), 47 U.S.C. § 227, prohibition on the use of Automatic Telephone Dialing Systems ("ATDS"). The plaintiff in Arora v. Transworld Systems Inc., 2017 WL 3620742 (N.D. Ill. Aug. 23, 2017) alleged that Transworld System Inc.'s ("Transworld") calls to his cell phone without his consent constituted prohibited use of an ATDS pursuant to the TCPA.

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