TCPA Case Closed! Trueblue Defendants Finish the Deal

Marks? What’s Marks? That’s the question TCPA litigants may be asking themselves after today’s big win by Defendants in Gary v. Gershwin A. Drain Trueblue, Case No. 17-cv-10544, 2018 U.S. Dist. LEXIS 175021 (E.D. Mich. Oct. 11, 2018). There the Court granted summary judgment to the defendants on the ground that the system used to send the challenged text messages did not have the capacity to randomly or sequentially generate numbers to dial. Thus the system was not an ATDS subject to the TCPA. And Marks was never mentioned.

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