February 5, 2023

Volume XIII, Number 36

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February 03, 2023

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February 02, 2023

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TCPA Quick Hitter: Another Court Holds Click and Pause Allegations Sufficient to Survive the Pleadings Stage

So when I put together the materials for my huge Facebook Six Months Later webinar, I was surprised to find a clear majority rule effectively sidelining Facbeook at the pleadings stage.

Courts continue to unabashedly allow TCPA ATDS cases to survive the pleadings stage any time the Plaintiff alleges noticing a “click and pause” before the connection of a call including a live voice.

The latest example: Smith v. Direct Bldg. Supplies, CIVIL ACTION No. 20-3583, 2021 U.S. Dist. LEXIS 193657 (E.D. Pa. Oct. 7, 2021).

Here’s what the Court says:

The Court finds that the FAC has sufficiently alleged the use of an ATDS by Direct Building Supplies, as it alleges that there was a “noticeable pause and delay before Defendant came on the line” during each of the five offending calls, as well as that Smith had no prior relationship with Direct Building Supplies prior to the October 4 call.

Another one for the ole Facebook Ruling Resource page.

 

© 2023 Troutman FirmNational Law Review, Volume XI, Number 281
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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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