District Court In The Fifth Circuit Holds That Predictive Dialers Are Outside The Scope Of The TCPA

Last week, the Northern District of Texas gave us our first case out of the Fifth Circuit addressing the definition of an ATDS in the post-ACA International era. In Adams v. Safe Home Security, Inc. No. 3:18-CV-03098-M, 2019 WL 3428776, at *4 (N.D. Tex. July 30, 2019), the Court held that to qualify as an ATDS a device must be able to store and produce telephone numbers randomly and sequentially and that “predictive dialers… fall outside the definition of an ATDS.”