Tug of War Continues: D.N.J. Follows Marks, Holds VICIdialer is an ATDS, Finds Pre-Recorded Voicemails Trigger TCPA

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Those of you following TCPAWorld.com’s daily TCPA filing counter know that the cases continue to pour in. 14 more cases were filed today. It seems the combined impact of Glasser and a SCOTUS review are simply not enough to stop the onslaught. And a case out of New Jersey on Friday helps to explain why.

In Johnson v. Comodo Group, Case No. 16-4469, DKT # 221 (D. N.J. Jan. 31, 2020), the Court denied summary judgment to the Defendant concluding that the use of a predictive dialer per se triggers TCPA coverage under the plain language of the statute. The Court also held that pre-recorded voicemails trigger the TCPA—even where a live caller is on the line to play the message—and concluded that willfulness does not require knowledge that the TCPA is being violated. Eesh. (Case is available here: Johnson MSJ Order)

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