Second New Ruling Holds Random and Sequential Number Generation Required to State TCPA Claim—Dismisses Case With Prejudice

As a recent article reported, another court in the Northern District of Illinois found that random and sequential number generation is required to state an ATDS claim, restoring balance to the universe after Espejo. Well now we are happy to report that the Eastern District of North Carolina has entered the fray and held on Friday that the TCPA’s ATDS definition requires random or sequential number generation, no matter what Marks says.

In Snow v. General Electric,  No. 5:18-CV-511-FL, 2019 U.S. Dist. LEXIS 99760 (E.D.N.C. June 14, 2019) the Court dismissed a complaint—with prejudice—where the texts at issue were targeted and non-random. As the Court put it: “Critically missing from the complaint are any facts permitting an inference that the text messages plaintiff received were sent using equipment that stores or produces numbers to be called “using a random or sequential number generator.”


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