Federal Judge Says ‘Clicker Agent’ Invalidates Auto-dial Claims

Federal Judge Dismisses TCPA Case, Says Transworld Systems ‘Clicker Agent’ Invalidated Robocall Claims
– Cook County Record

Cook County Record quoted Manatt’s Diana Eisner, an associate in the firm’s litigation practice, for an article on the decision in a recent Telephone Consumer Protection Act (TCPA) lawsuit. A federal judge in Illinois ruled that a company’s phone dialing system did not count as an auto-dialer because human intervention is required to initiate each phone call.

In a potential class action lawsuit, a plaintiff has accused Transworld Systems Inc. of using an automated dialing system to call his cellphone multiple times. In a motion for summary judgment, the company told the court that its program shouldn’t be considered an auto-dialer, as a human “clicker agent” must click either a mouse or a computer button to initiate the call.

The summary judgment was granted in a decision filed in the U.S. District Court, Northern District of Illinois.

“It’s yet another ruling [that] LiveVox’s Human Call Initiator system is not an auto-dialer, joining decisions from Florida and Michigan,” said Eisner. “In the more general sense, it adds to the growing body of case law, which takes a commonsense approach to assessing whether a platform is an auto-dialer by focusing on human intervention.”

According to the publication, this case is just one in a growing number of TCPA-based lawsuits.

“TCPA litigation continues to be filed at an alarming rate,” Eisner said. “Unfortunately, given the uncapped statutory damages and the very high settlements we are seeing across industries, I don’t really see this trend slowing down. But this ruling provides companies with some additional guidance so that they can take steps to reduce their TCPA litigation risk, at least with respect to claims that an auto-dialer was used to place calls.”

Read the article here