October 3, 2019
On September 30, 2019, a federal district court for the District of New Jersey (the “Court”) denied a motion to dismiss based, in part, on the definition of automatic telephone dialing system (“ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”). In Rivero v. D’Jais, LLC, the plaintiff alleged that defendant D’Jais, LLC (“D’Jais”), a Jersey shore nightclub, used an ATDS to send him numerous text message advertisements without his consent. D’Jais moved to dismiss the amended complaint, arguing that the plaintiff failed to plead that the subject text messages were sent using an ATDS. After a thorough review of Third Circuit precedent, the Court denied the motion to dismiss the TCPA text message lawsuit.
What constitutes an ATDS under the TCPA?