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Mealey's Litigation Procedure - 11th Circuit Issues TCPA Ruling Finding Systems Aren't Auto-Dialers

ATLANTA - In two cases being closely watched by other Telephone Consumer Protection Act (TCPA) class actions, a split 11th Circuit U.S. Court of Appeals panel on Jan. 27 issued an opinion finding that neither phone system at issue qualified as an automatic telephone dialing system (ATDS) as they did not use "randomly or sequentially generated numbers" and that the system in one of the cases "required human intervention and thus was not an auto-dialer" (Melanie Glasser v. Hilton Grand Vacations Company, LLC, No. 18-14499, Tabitha Evans v. Pennsylvania Higher Education Assistance Agency, No. 18-14586, 11th Cir., 2020 U.S. App. LEXIS 2481).
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