Mind-Melting Decision Proves a Dialer Can Never Be Too Old to Be an ATDS

Re:Mind-Melting Decision Proves a Dialer Can Never Be Too Ol... by thaumasiotes on Tuesday November 03, 2020 @07:23PM (#24985570)

Seriously, the defense is "I wasn't calling him as part of my illegal scheme to call everybody with a phone number, I was calling him specifically because I hate him personally".

The offense is dialing someone using an automatic dialing system; the defense is perfectly plausible.

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Re:Mind-Melting Decision Proves a Dialer Can Never Be Too Ol... by 737maxtw on Tuesday November 03, 2020 @07:52PM (#24985726)

Yeah but the slope gets slippery fast...

Because in the past, some courts have ruled that ADTS systems are in violation even if their qualifying functions are unused.

Iow even id a dependent manually entered numbers, it would still be illegal to make the call.

And yes, this has made TCPA rulings a subject worthy of its own blog, the situation is such a mess.

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