In Pozo v. Stellar Recovery Collection Agency, Inc., No. 15-0929 (M.D. Fla. Sept. 2, 2016), the Middle District of Florida recently entered summary judgment against the plaintiff because it determined that an ATDS had not been used to call her.
The defendant in Pozo used a web-based dialing program called Human Call Initiator (“HCI”) to initiate the calls. HCI uses a “point-and-click” process that allows calls to be initiated by human “clicker agents.” Specifically, the program will not initiate a call until a clicker agent manually confirms in a dialogue box that the call should be made to that particular number. If a call is answered, the clicker agent then refers the call to a “closer agent” who speaks with the debtor. The program also allows clicker agents to view the availability of closer agents and will not initiate a call unless a closer agent is available. Continue reading “Court Finds That Equipment That Initiates Calls With Electronic Point and Click System Is Not An ATDS”