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ARTICLE · 30 OCTOBER 2020

Kansas TCPA Ruling May Determine ATDS Cases In 10th Circuit

Troutman Pepper Locke LLP
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Recently, the District Court of Kansas analyzed the definition of an automatic telephone dialing system ("ATDS") under the Telephone Consumer Protection Act ("TCPA") in Hampton v. Barclays Bank Del.

United StatesConsumer Protection
Carlin McCrory
Carlin McCrory
Ethan Ostroff
Ethan Ostroff
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Recently, the District Court of Kansas analyzed the definition of an automatic telephone dialing system ("ATDS") under the Telephone Consumer Protection Act ("TCPA") in Hampton v. Barclays Bank Del. The Court concluded the TCPA only applies to equipment that randomly or sequentially generates telephone numbers to be called and does not apply to dialers that call from a list of numbers from a customer database.

Hampton's complaint alleges Marketplace Loan Grantor Trust, Series 2016-LD1 ("Marketplace") used an ATDS to call his cell phone without consent regarding his personal loan. Marketplace hired First Associates Loan Servicing, LLC ("First Associates") to service the debt. First Associates uses a cloud-based calling system that does not use a random number generator or sequential number generator, nor does it have the capacity to do so. Rather, First Associates' system uses phone numbers generated from a customer database. Moreover, the system does not use

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