December 8, 2021

Volume XI, Number 342

Advertisement
Advertisement

December 07, 2021

Subscribe to Latest Legal News and Analysis

December 06, 2021

Subscribe to Latest Legal News and Analysis
Advertisement

FACEBOOK FAIL: Another Court Finds Allegations of Predictive Dialer Usage Survive the Pleadings Stage

I’ll keep this brief because its Thanksgiving week and we want to be grateful not annoyed.

Nonetheless, as the Czar it is my duty to make sure you are all up to date here. And in Delgado v. Pro Custom Sollar Llc, CAUSE NO. 1:21-CV-251-LY, 2021 U.S. Dist. LEXIS 224397 (W.D. Tex. Nov. 22, 2021) the Court found that allegations of predictive dialer usage are not inconsistent with ATDS usage. Hence allegations of cold call solicitations using a predictive dialer are sufficient to survive the pleadings stage. (We’ve seen this before.)

The Court had little trouble distinguishing Facebook as a case that dealt with targeted phone calls, whereas the calls at issue in Delgado were not alleged to be targeted in nature.

Notably the Plaintiff also apparently agreed to set up an appointment with the Defendant but apparently that only happened after receipt of numerous unwanted calls. So the Plaintiff had standing to pursue the claim.

Now get back to cooking.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 327
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...

213-689-6510
Advertisement
Advertisement
Advertisement