Autodialer TCPA Claim

Following the United States Supreme Court's decision in Facebook v. Duguid,consumers alleging Telephone Consumer Protection Act ("TCPA") claims against companies for using an automatic telephone dialing system ("ATDS") are increasingly rare. Notwithstanding the foregoing, these cases still are filed on occasion. For example, a Texas federal court recently was tasked with having to decide whether Plaintiff's ATDS TCPA claim could survive dismissal. We discuss this decision in more detail below.

Post-Facebook TCPA Claim

In Ortega v. DiTommaso, Inc., Plaintiff, on behalf of himself and a putative class of consumers, asserted a TCPA claim against Defendant for allegedly making unsolicited calls through the use of an ATDS. An ATDS TCPA claim may be asserted under 47 U.S.C. § 227(b), which makes it unlawful "to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing