In Risher v. Adecco, Jay Edelman was granted leave of court to file a complaint alleging an extremely dangerous argument that text message chatbot constitutes a prerecorded voice. If successful, every text message, even if ATDS was not utilized, would be subject to the TCPA.
In Watson v. Manhattan Luxury Automobiles auto dealership closed, sold customer list to new dealership that called, texted. EBR with first dealership does not transfer to second. Court rejected argument that class members must personally register on DNC and certified case.
TCPA plaintiff won motion for default judgement because In a one-month period, he allegedly received 11 calls and text from CSOLAR. Ewing was on the National DNC Registry at the time. CSOLAR opted to not respond or defend against this whatsoever.