Time Warner Hit With $230k Autodialer Judgment

The U.S. District Court for the Southern District of New York has awarded a Time Warner Cable Inc. ("TWC") customer $229,500 in connection with 163 autodialed calls placed to her cell phone over a 13-month period. The calls were placed using an interactive voice response system ("IVR") that was meant to call customers who were late paying bills.

TWC defended the calls on three separate grounds: (1) that the IVR calling system is not an automatic dialing system ("ATDS") within the meaning of the Telephone Consumer Protection Act ("TCPA"); (2) that TWC believed it was calling a different individual who had given prior express consent to receipt of the calls; and (3) that Plaintiff consented to the calls pursuant to the customer agreement.