“When assessing the matter of whether equipment is ATDS, the TCPA’s clear language mandates that the focus be on if the gear gets the capability ‘to store or create phone figures become called, using a random or sequential quantity generator. ‘”
Satterfield, 569 F. 3d at 951 (emphasis in initial). The fact Defendant might have targeted Plaintiff for business collection agencies purposes is therefore perhaps maybe not dispositive as to whether Defendant utilized an ATDS to initiate the communication. See Flores, 685 Fed. Appx. At 534; Daniels v. ComUnity Lending, Inc., No. 13-CV-0488-WQH-JMA, 2014 WL 51275, at *5 (S.D. Cal. Jan. 6, 2014) (“The TCPA pertains to collectors in addition they could be responsible for offending calls built to cordless figures. “). Furthermore, as the forms of allegations Defendant identifies would likely strengthen Plaintiff’s argument, the application of payday loans in Utah no credit check pre-recorded communications or synthetic sounds for purposes of solicitation are not essential for gear to be an ATDS underneath the TCPA.
Right Here, upon answering Defendant’s telephone telephone telephone calls, Plaintiff experienced a pause enduring a few moments. (more…)