Using ACA v. FCC Decision, District of Nevada Grants Summary Judgment to Agency on TCPA Claim

The District of Nevada, relying on the ACA International v. FCC decision, granted summary judgment in favor of The CBE Group, Inc. (“CBE”) on a TCPA claim. In Marshall v. CBE, the court found that CBE’s Manual Clicker Application (“MCA”) used by CBE is not an automatic telephone dialing system (“ATDS”). 

The decision (read it here) also discusses an FDCPA claim and procedural issues related to an expert opinion, but this article focuses solely on the TCPA facet of the case. 

Factual and Procedural Background

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