May 23, 2022

Volume XII, Number 143

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May 20, 2022

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Facebook Update: Barnett is a TCPA Big Win–but let’s Take it Slow Folks

As the Earl reported today, a court in North Carolina delivered a big win to a home town bank and a popular predictive dialer platform on ATDS issues post-Facebook.

Great stuff-truly.

But remember–this result was earned on a thin record. Plaintiff complained he did not have the discovery needed to really examine the operations of the predictive dialer at issue. So, of course, there was no evidence available as to those operations.

So while Barnett v. Bank of Am., N.A., 2021 U.S. Dist. LEXIS 101171 (W.D.N.C. May 28, 2021) is a great win, just keep in mind it may not be the final word–or even a first word–on whether predictive dialers actually qualify as an ATDS post-Facebook. 

The revocation analysis, on the other hand is superb and definitely something defendants should be aware of. “Just communicate with me by mail” is not the same thing as “stop calling me.” Great stuff.

© 2022 Troutman FirmNational Law Review, Volume XI, Number 152
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About this Author

Eric Troutman TCPA Lawyer Troutman Law Firm Orange County, CA
Founder

Eric J Troutman is known as 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. Eric also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric's perspective allows him to...

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