TCPA Suit Against User of EZ Texting System Dismissed Due to Human Intervention

  • Written by Eric J. Troutman for The National Law Review

No sooner do I deem the 2003 and 2008 predictive dialer rulings dead than does a case come and apply them anew. Sort of.

As I have stated repeatedly on the lecture circuit, Courts actually apply five different ATDS analytic frameworks. Arguably the most confusing of those frameworks is the one where a Court concludes that the 2003 FCC ruling remains intact merely for the purpose of concluding that a dialer that calls with “human intervention” is not an ATDS.

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