Reassigned NumbersSteward v. Credit One Bank, N.A., No. 16-173 (PAM/ECW), 2018 WL 5921652 (D. Minn. Nov. 13, 2018)
By: Joshua H. Threadcraft
Plaintiff filed suit alleging Defendant violated the TCPA by calling his recently assigned cell phone number 140 times to collect debt from another, including leaving 4 prerecorded messages. Defendant moved for summary judgment arguing that: (1) Its phone system was not an Automatic Telephone Dialing System (ATDS); and (2) It was reasonable to rely on consent from the previous subscriber when calling Plaintiff.
With respect to the first ...
Gaza v. Auto Glass America, LLC, No. 8:17-cv-1811-T-27AEP, 2018 WL 5775915 (M.D. Fla. Nov. 2, 2018)
Plaintiff alleged that he received five text messages, asserting claims for violation of the TCPA. Defendant moved for summary judgment, contending Plaintiff failed to produce evidence establishing that an ATDS was used to send the text messages. The Court began its analysis, noting that to succeed on his claim, Plaintiff must establish Defendant sent the text messages using an ATDS and that "[t]he essential function of an ATDS is 'the capacity to dial numbers without human ...