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.