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Associated with TCPA. ” Satterfield v. Simon & Schuster, Inc., 569 F. 3d 946, 952 (9th Cir. 2009)
The TCPA defines an ATDS as “equipment which includes the capability—(A) to keep or create phone numbers become called, utilizing a random or sequential quantity generator; and (B) to dial such figures. ” 47 U.S.C. § 227(b)(1)(A)(iii). “A system will not need to really store, create, or call randomly or telephone that is sequentially generated, it need just have the capability to get it done. ” Satterfield, 569 F. 3d at 951. The Ninth Circuit has explained that “dialing gear doesn’t need to dial figures or deliver texts ‘randomly’ so that you can qualify being an ATDS beneath the TCPA. ” Flores v. Adir Int’l, LLC, 685 Fed. Appx. 533, 534 (9th Cir. 2017) (mem. Choice). Further, courts inside the Ninth Circuit have actually recognized “the difficulty a plaintiff faces in once you understand the style of calling system employed without the advantage of finding” while having discovered that courts can infer the utilization of an ATDS through the information on the phone call. Hickey v. Voxemet LLC, 887 F. Supp. 2d 1125, 1129-30 (W.D. Wash. 2012) (quoting Knutson v. Reply!, Inc., No. 10-CV-1267-BEN, 2011 WL 1447756, at *1 (S.D. Cal. Apr. 13, 2011)).
Plaintiff argues he “sufficiently described Defendant’s system as an ATDS” by alleging that: (1) he received collection telephone telephone phone calls and texting to their mobile phone from Defendant beginning right after May 1, 2018; (2) upon responding to the telephone phone telephone calls, Plaintiff experienced a substantial pause before being associated with a real time agent; (3) on numerous occasions, Plaintiff demanded Defendant end contacting him due to the fact loan payment had not been yet due; and (4) notwithstanding Plaintiff’s needs, Defendant made at the very least thirty more telephone phone calls to Plaintiff. (Resp. Read More…