November 29, 2021

Volume XI, Number 333

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TCPA QUICK HITTER: Another Court Finds Text Message ATDS Allegations Insufficient Because Safest Channel

As I’ve been saying, text messages are the safest channel of communication post Facebook.

Here’s another example. Guy talks to company. Company sends texts. Guy sends no consent. Court says–doesn’t matter.

In Hunsinger v. Alpha Cash Buyers, LLC, Civil Action No. 3:21-CV-1598-D2021 U.S. Dist. LEXIS 209119 (N.D. Tex.  October 29, 2021) the Court found the fact that the text messages were received after Hunsinger had spoken with an Alpha Cash agent several times by telephone was pretty much dispositive. The system could not have been an ATDS since it was sending targeted texts, not texts generated using a RoSNG.

Sounds about right.

Keep in mind, however, the Plaintiff in this case didn’t have a lawyer and not FN7 arguments were raised.

Still, though. Safest channel. (Except in Florida.)

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 312
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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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