TCPA Ban on Auto-Dialed Cell Calls Doesn’t Hit Phone Lacking Number Generator

A company’s debt collection telephone calls to an individual’s cell phone using equipment that did not have a number generator did not violate the Telephone Consumer Protection Act, 47 U.S.C. § 227, the California Superior Court, Orange County, ruled Oct. 3 (Stockwell v. Credit Mgmt., LP, Cal. Super. Ct., 30-2012-00596110-CU-NP-CXC, 10/3/13).

The use of a number generator is required in order for calling equipment to be considered an automatic telephone dialing system (ATDS) that the TCPA regulates, Judge Ronald Bauer said.

Allegedly Harassing Calls Made.

The plaintiff in this case, Cynthia Stockwell, brought a ...