Life After Facebook: District of South Carolina Holds Predictive Dialer Is Not an ATDS

In one of the first major decisions after the Supreme Court’s Facebook v. Duguid decision, a federal district court in South Carolina (the “Court”) has ruled that the Aspect predictive dialer is not an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA) since it does not have “the capacity to use a random or sequential number generator to either store or produce phone numbers to be called.” In Timms v. USAA Federal Savings Bank, the Court granted summary...
By: Troutman Pepper

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