Topic: Predictive Dialers

The Test Post

Now that we know who you are, I know who I am. I’m not a mistake! It all makes sense! In a comic, you know how you can tell who the arch-villain’s going to be? He’s the exact opposite of the hero. And most times they’re friends, like you and me! I should’ve known way back when… You know why, David? Because of the kids. They called me Mr Glass.

Uuummmm, this is a tasty burger!

You think water moves fast? You should see ice. It moves like it has a mind. Like it knows it killed the world once and got a taste for murder. After the avalanche, it took us a week to climb out. Now, I don’t know exactly when we turned on each other, but I know that seven of us survived the slide… and only five made it out. Now we took an oath, that I’m breaking now. We said we’d say it was the snow that killed the other two, but it wasn’t. Nature is lethal but it doesn’t hold a candle to man.

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Court Finds That System Is Not An ATDS Unless It Can Generate (As Opposed To Merely Dial) Numbers On A Random or Sequential Basis

Judge Baylson of the Eastern District of Pennsylvania recently granted Yahoo! summary judgment in a case challenging Yahoo’s automatic email to text alert system because it did not use an automatic telephone dialing system (“ATDS”) when it forwarded emails as text messages.  In doing so, he applied the plain meaning of the statutory definition of ATDS, rejected an FCC opinion that had purported to broaden it, and disagreed with Judge Curiel in the Southern District of California, who denied a similar motion by Yahoo! just weeks ago.  See Dominguez v. Yahoo!, Inc., No. 13-1887, slip op. (E.D. Pa. Mar. 20, 2014); Sherman v, Yahoo!, Inc., No. 13-0041, slip op. (S.D. Cal. Feb. 3, 2014).  The decision is important because it limits the definition of ATDS to those systems that can generate (as opposed to merely dial) a list of numbers on a “random or sequential” basis.

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