Telephone Consumer Protection Act Matter

Analysis Group was retained on behalf of a business that allegedly sent promotional text messages to the plaintiffs without their consent. The plaintiffs claimed that the business’s actions constituted a misuse of an automatic telephone dialing system (ATDS) in violation of the Telephone Consumer Protection Act (TCPA). Our team supported a technical expert in computer science who analyzed whether the business’s text outreach system constituted an ATDS by analyzing technical documentation and the text platform’s source code, and by replicating the technical environment required for the platform and running the platform in real time to conduct experiments on it. The expert showed that because the plaintiffs’ contact information had been collected, entered into a database by hand, and selected individually for specific messages, and because the dialing system was unable to randomly generate numbers, the text outreach system was not an ATDS under the TCPA. A judge agreed and granted summary judgment in favor of the defendant.