Associated with the TCPA. " Satterfield v. Simon & Schuster, Inc., 569 F. 3d 946, 952 (9th Cir. 2009)
The TCPA describes an ATDS as "equipment that has the ability—(A) to keep or create phone figures become called, using a random or number that is sequential; and (B) to dial such figures. " 47 U.S.C. § 227(b)(1)(A)(iii). "A system will not need to really keep, create, or phone randomly or telephone that is sequentially generated, it need only have the ability to get it done. " Satterfield, 569 F. 3d at 951. The Ninth Circuit has explained that "dialing gear doesn't have to dial numbers or deliver texts 'randomly' to be able to qualify as an ATDS underneath 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 problem a plaintiff faces in once you understand the types of calling system employed without the main benefit of development" and have now discovered that courts can infer the application of an ATDS through the information on the 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 being an ATDS" by alleging that: (1) he received collection phone telephone phone calls and texts to his cellphone from Defendant beginning right after might 1, 2018; (2) upon responding to the telephone telephone phone phone calls, Plaintiff experienced a pause that is significant being linked to a real time agent; (3) on numerous occasions, Plaintiff demanded Defendant end contacting him since the loan payment had not been yet due; and (4) notwithstanding Plaintiff's needs, Defendant made at the least thirty more phone telephone calls to Plaintiff. (Resp. להמשיך לקרוא