District Court (Ala.) Says ATDS under TCPA Must Have a PRESENT Capacity, at the Time the Calls Were Being Made, to Store or Produce and Call Numbers from a Number Generator
We reported previously on the pending GroupMe petition, as well as others, pending before the FCC regarding whether the TCPA's definition of autodialer requires a 'present' capacity to store numbers. (http://www.calautofinance.com/?p=3853) A District Court in Alabama recently held that the TCPA so requires: In Hunt v. 21st Mortg. Corp., 2013 WL 5230061 (N.D.Ala. 2013), Judge Acker was deciding a discovery dispute between the… Read More