Robocalling, Pleading Standards, ATDS

Telephone and Texting Compliance News: Litigation Updates — July 2025

Mintz - Technology, Communications & Media... on 7/31/2025

The Sixth Circuit recently delivered a clear message to litigants pursuing claims under the Telephone Consumer Protection Act (TCPA): high call volume alone is not enough. In Fluker v. Ally Financial, Inc., the court...more

The Aftermath of Facebook v. Duguid: Trends and Practical Tips

Wyrick Robbins Yates & Ponton LLP on 2/15/2022

As we discussed in a post last year the Supreme Court issued a landmark decision in the Spring of 2021, on the TCPA’s definition of an “automatic telephone dialing system.” In that decision, called Facebook v. Duguid, the...more

District Court Holds Standard for Pleading and Proving TCPA Claim Raised After Gadelhak

Womble Bond Dickinson on 4/3/2020

The Seventh Circuit recently held in Gadelhak v. AT&T Services, Inc., 950 F.3d 458 (7th Cir. 2020) that the statutory definition of ATDS requires that a device have the capacity to randomly or sequentially generate numbers to...more

Southern District of New York Holds TCPA Claim Fails To Satisfy Minimum Pleadings Requirements When Simply Parroting Statute

Burr & Forman on 10/30/2019

Lazar Shcherb v. Angi Homeservices, Inc., 19-cv-367 (S.D.N.Y. Oct. 25, 2019) - Plaintiff filed suit against various corporate defendants alleging that they used an automatic telephone dialing system (ATDS) to call his cell...more

From the Four Corners of the Pleading: Plaintiffs Cannot Rely On Factual Allegations Outside the Pleadings To Defeat a Motion to...

Faegre Drinker Biddle & Reath LLP on 10/4/2019

The Northern District of Texas recently dismissed a TCPA claim because “the Complaint nowhere alleges that he was called or texted using an ATDS.” The Court’s opinion emphasized that simply asserting that “the text messages...more

Polly Want Statutory Damages?: Court Confirms Parroting the Language of the TCPA Won’t Get You Far

Womble Bond Dickinson on 9/17/2018

In Montinola v. Synchrony Bank, Civil Action No. 17-8963, 2018 U.S. Dist. LEXIS 146716 (D.N.J. Aug. 28, 2018), the District of New Jersey granted defendant’s Rule 12(b)(6) motion to dismiss based on Plaintiff’s failure to...more