A decision to (allegedly) advertise that it has sent over 4 billion text messages has lead at least one court to conclude that it is probably an ATDS platform subject to the TCPA. In Rotberg v. Jos. A. Bank Clothiers, Inc. Case No. 16-cv-2962, 2018 WL 5787480 (S.D.N.Y. Nov. 5, 2018), the Court deemed the Complaint’s allegations sufficient to establish the “plausible” use of an ATDS, because:
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- Defendants sent him a set of terms and conditions in which they requested Rotberg agree to receive autodialed messages
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- Defendant used a short code to send the messages