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TCPA Quick Hitter: David Mitchell Knows You’ve Stipulated That Your Dialer is an ATDS Before

Its Friday afternoon and there’s a warm weekend ahead of most of us. But real quick before you duck out TCPAWorld, remember this—think long and hard before you stipulate your dialer is an ATDS in any TCPA case. It may come back to haunt you later.

Given the mixed up dynamic of the TCPA’s ATDS definition there seems to be limited incentive to enter into such a stipulation at all, but sometimes the unique dynamics of a case require it. When that happens, however, be sure to clarify that the stipulation is for a limited purpose—such as for that litigation only.

Here’s what happens if you don’t:  Williamson Complaint

In the new Williamson complaint serial-TCPA filer David Mitchell files a complaint attaching a hearing transcript from one of the Defendant’s past cases. In the transcript the Defendant’s counsel stipulates that the device the Defendant uses is an ATDS. See:

Transcript

At paragraph 17 of his new TCPA complaint, Counsel Mitchell raises the issue in support of his allegations that the Defendant used an ATDS to contact the Williamson Plaintiff.

So there you go. Don’t get haunted by the ghosts of stipulations past. Happy weekend TCPAWorld.

© Copyright 2019 Squire Patton Boggs (US) LLP

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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...

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