Court Reverses Course, Grants Summary Judgment to TCPA Defendant on ATDS Issue


The district court in the Northern District of Illinois granted summary judgment to the defendant in a TCPA case on the grounds that its dialing system no longer fit the definition of an automatic telephone dialing system (“ATDS”) because it dialed numbers from a stored list.  In doing so, the Court reversed its previous decision on summary judgment and clearly rejected the FCC’s previous guidance on the issue.