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A New Friend: Court Reconsiders Denial of MSJ on ATDS Issues and Grants Judgment to Defendant After All

A while back I wrote about a case where the Court had placed the burden on the Defendant to disprove the use of an ATDS, when the Plaintiff should have been required to come forward with evidence sufficient to raise a genuine question on the subject.

Notably, the case was decided in Indiana–which is Gadelhak territory–so the case law at the time of the ruling was already consistent with the Supreme Court’s later ruling in Facebook.

Nonetheless, the Defendant leveraged Facebook–which, again, did not actually change the law in the jurisdiction–to seek reconsideration of the Court’s earlier denial of judgment.

The motion for reconsideration was supported by a declaration from the dialer platform–Live Vox–attesting that the platform does not use a RoSNG to generate telephone numbers to be dialed.

The Plaintiff apparently offered no answer to this declaration, so the Court changed its mind and granted reconsideration. In light of Facebook and the uncontroverted dialer declaration the Court determined the Defendant was entitled to judgment.

The case doesn’t really move the needle much in terms of TCPA jurisprudence, but its an interesting little tale that deserved to be told. And so it has been.

The case is Friend v. Taylor Law,, CAUSE NO.: 4:17-CV-29-JVB-JPK, 2021 U.S. Dist. LEXIS 207677 (N.D. Ind.  October 27, 2021).

 

 

© 2023 Troutman FirmNational Law Review, Volume XI, Number 306
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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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