Ninth Circuit Holds LiveVox HCI is not an ATDS in Unpublished Decision

Published on January 26, 2022 at 4:00 pm

Editor's note: This article is provided through a partnership between insideARM and Squire Patton Boggs LLP, which provides a steady stream of timely, insightful and entertaining takes on TCPAWorld.com of the ever-evolving, never-a-dull-moment Telephone Consumer Protection Act. Squire Patton Boggs LLP—and all insideARM articles—are protected by copyright. All rights are reserved.

Well here’s huge news.

In a short opinion which came out on January 19, 2022–that is, unfortunately, non-binding authority because it was not published– the Ninth Circuit Court of Appeals has held that Facebook’s FN7 was merely dicta and that dialers that call in the order in which numbers are received are not thereby rendered autodialers under the TCPA. In Meier v. Allied Interstate Llc, No. 20-55286, 2022 U.S. App. LEXIS 1413 (9th Cir. January 19, 2022) the Court analyzed a challenge to LiveVox’s (famous) HCI system. HCI operates as a “click to dial” system but–as we know–post Facebook clicking to dial doesn’t really matter anymore. What matters is whether numbers are produced or stored using a Random or Sequential Number Generator (RoSNG).

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