True Blue!: Yet Another Court Finds FCC’s TCPA Orders Were Vacated by ACA Int’l and Calls to Lists of Numbers Not Robocalls Covered by the TCPA

In a new district court opinion out of the E.D. District of Michigan a court found yesterday that dialers calling from a list do not qualify as automated telephone dialing systems (“ATDS”) under the TCPA unless they generate numbers randomly or sequentially. See Gary v. TrueBlue, Inc., Case No. 17-cv-10544, 2018 WL 3647046 (E.D. Mich. Aug. 1, 2018). The Court also expressly held that the 2003 and 2008 FCC Predictive Dialer rulings were set aside by ACA Int’l and that “automated” text messages do not trigger TCPA coverage unless sent randomly or sequentially. This decision dovetails nicely with last week’s big ruling in Pinkus and further undermines TCPA cases focused on dialers that call from lists, rather than from randomly or sequentially generated numbers.