Telephone Consumer Protection Act

Ploch v. FirstSource Advantage, LLC, No. 4:12-cv-310-JAR, 2012 WL 538476 (E.D. Mo. Nov. 1, 2012) Defendant moved for summary judgment on Plaintiff's claim for violation of the TCPA, contending that Plaintiff could not adduce any evidence that it used an Automatic Telephone Dialing System (ATDS) to call Plaintiff's cell phone, and did not leave any prerecorded message on Plaintiff's cell phone. Defendant submitted a declaration from its Dialer Operations Manager stating that Defendant did not place any calls to Plaintiff's cell phone using an ATDS, and all calls were made through ...