December 2, 2021

Volume XI, Number 336

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November 30, 2021

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More Bad TCPA News: Court Holds “Click and Pause” Allegations Sufficient to State ATDS Claim

So I just covered the Gross case and I thought that was all the bad news I was going to have for today.

Nope.

Apparently back in May a court in Texas held that click and pause allegations were sufficient to state a TCPA ATDS claim even post-Facebook. This is true even where the Defendant asked for the Plaintiff by name!

In Callier, EP-20-CV-00304-KC, 2021 U.S. Dist. LEXIS 126769 (W.D. Tex.  May 10, 2021) the court held:

When Plaintiff answered, he was met with silence for several seconds before the system connected him with a live agent. This reasonably suggests that Defendant placed the call using an automated system.

Well, that’s just peachy.

And the Court wasn’t bothered by the clearly non-random nature of the calls:

To be sure, that each agent asked to speak with “Armando” suggests that Defendant did not use a random number generator to produce its call list. Cf. Facebook, 141 S. Ct. at 1169 (finding no TCPA violation where the defendant “sent targeted, individualized texts to numbers linked to specific accounts.”). However, it is not unreasonable to infer from the pleadings that Defendant relied on a sequential number generator to place its calls. 

The case was apparently decided back in May but just popped up on Lexis today, seemingly to double the headache I have from Gross. 

I don’t like today.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 190
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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
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