In McEwan v NRA, district court held device that calls phone numbers from preproduced list may still be ATDS so long as it uses random number generator to determine order in which to pick numbers from list, stores list using number generator.
8th Circuit Court of Appeals upheld court decisions, found that marketing software called Txt Live to send promotional text messages to phone numbers randomly selected from a customer database is not an ATDS under the Telephone Consumer Protection Act TCPA.
We are now nearly one year PF - post-Facebook, the seminal decision that effectively shut down the central avenue used by Plaintiffs’ lawyers to assert liability under the Telephone.
In Lauren Cross., Case No. 1:20-cv-01047, the Court held that where a consumer provides their number to the caller, it doesn’t matter whether an RoSNG might be used in connection with the dialing process. As long as the telephone number itself wasn’t randomly generated.
In Lauren Cross., Case No. 1:20-cv-01047, the Court held that where a consumer provides their number to the caller, it doesn’t matter whether an RoSNG might be used in connection with the dialing process. As long as the telephone number itself wasn’t randomly generated.