M.D. Fla. Clarifies that TCPA Still Applies to Debt Collection Calls

There's nothing wrong with pushing your luck, in theory. But once in a while luck pushes back.

A few weeks back Ocwen obtained an almost-great ruling in Wilfredo Gonzalez v. Ocwen Loan Servicing, Case No: 5:18-cv-340-Oc-30PRL, Doc. No. 11, (M.D. Fla. Sept. 5, 2018).  There the Court held that the 2003 and 2008 Predictive Dialer rulings were overturned by ACA Int'l, but declined to dismiss the case at the pleadings stage because the complaint alleged the plaintiff encountered a pause before a live agent came on the line suggesting the use of a random or sequential number generator, apparently.

Since the Court had gone with it down the road of the 2003 ruling being overturned, the Defendant went back to the well via a motion for reconsideration and asked the Court to also find that the 2003 ruling had been overturned in all respects--including the FCC's finding in that order that the TCPA applies to debt collection calls.  Might as well take a crack right?

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