District Court Rules Predictive Dialer is ATDS Under the TCPA

I hate to be the bearer of bad news. We definitely did not see this one coming when we predicted here at TCPAland that courts within the 7th Circuit will likely ignore Marks, and adopt Pinkus post-Marks. Yesterday’s, the Western District Court of Wisconsin, in denying Defendant Charter Communication’s motion to dismiss, applied the definition of an ATDS implemented by FCC’s 2003 order and outright rejected the rationale in Pinkus.

In Mitchell Maes v. Charter Communication, District Judge James D. Peterson ruled that ACA In’l did not invalidate the FCC’s 2003 definition of an ATDS, finding that Plaintiff plausibly alleged the use of an ATDS by alleging that Defendant used a predictive dialer to call Plaintiff.

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