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District Court says TCPA dismissal bid cannot rely upon Supreme Court ruling

Courts TCPA Class Action U.S. Supreme Court Autodialer

Courts

On September 3, the U.S. District Court for the District of New Jersey denied a medical laboratory’s motion to dismiss, ruling that the company cannot use a Supreme Court ruling to avoid a proposed TCPA class action suit concerning allegations that it made unsolicited calls using an “autodialer.” As previously covered by InfoBytes, the court denied the defendant’s motion to dismiss last December after it concluded that the plaintiff sufficiently alleged the equipment used to make unsolicited calls qualified as an “autodialer.” The defendant argued, however, that the court should reconsider its decision in light of a 2019 Supreme Court ruling in which separate concurring opinions written by Justices Kavanaugh and Thomas concluded that district courts are not bound by the FCC’s interpretation of the term “autodialer” under the TCPA. According to the defendant, because of these concurring opinions, the court “was not bound by the FCC’s 2003 and 2008 guidance on the definition of an ‘autodialer,’” and should therefore revisit its prior opinion. However, the court stated that the Supreme Court’s case does not change any of the “controlling law” dealing with the TCPA issue in the current lawsuit. “Because defendant’s arguments are not based on any actual change in controlling law,” its motion for reconsideration is denied, the court stated, noting that concurring opinions “do not change ‘controlling law.’”

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