Another N.D. Ill. Case Applies Statutory Definition—But all Eyes Are On Gadelhak

In what has become a common theme of late another court in the Northern District of Illinois has held that a dialer must operate randomly or sequentially to qualify as an ATDS under the TCPA. This marks the seventh time a court within that district has so held.

The latest decision is in Smith v. Premier Dermatology, No. 17 C 3712, 2019 U.S. Dist. LEXIS 152887 (N.D. Ill. Sept. 9, 2019). The reasoning follows a familiar path.

First, the Court addresses the FCC’s 2003 and 2008 predictive dialer rulings and determines that they were set aside by ACA Int’l.

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