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POWER LESS: Court Holds Mojo “Power Dialer” May Be an ATDS in Latest Facebook Setback

Despite the promise of Facebook, the majority rule remains that ATDS complaints alleging the potential use of a predictive or power dialer are likely to survive the pleadings stage.

The latest such ruling involved the popular Mojo Power Dialing platform.

In Macdonald v. Brian Gubernick Pllc, No. CV-20-00138-PHX-SMB, 2021 U.S. Dist. LEXIS 216788 (D. Az.  November 8, 2021) the Court permitted an amended complaint to be filed that alleged the Mojo system: “can then generate sequential numbers and store these sequential numbers in a database, to indicate the automatic dialing order for leads.”

That’s a straight Footnote 7 “dialing sequence” allegation folks, and the court bought it finding: “These allegations are sufficient to state a cause of action under the TCPA, even after Duguid.”

Not good.

© Copyright 2022 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 333
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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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