A recent opinion from the Southern District of California suggests that now there is no bright-line rule regarding what qualifies as human intervention for purposes of determining whether an autodialer was used. In denying a motion for summary judgment filed by Yahoo, the court found that: “there are genuine issues of fact as to whether … Continue Reading
After the FCC’s omnibus ruling drastically increasing the scope of the TCPA’s definition of autodialer, TCPA litigation has become a fight about consent. This has resulted in plaintiffs creating novel theories of consent–that it only applied to certain calls, or at certain time periods, etc. If adopted, such a rule would create a headache for any … Continue Reading