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Georgia Federal Court Finds CBE Group's Dialing System is Not an ATDS Due to Human Intervention

Posted On: May 24, 2018 by CBE Companies in: Press Releases

*** This article was written by Burr & Forman on May 24, 2018. View their website and full story here.  Georgia Federal Court Finds Dialing System is Not an ATDS Due to Human Intervention In the wake of the D.C. Circuit’s ruling in ACA International v. Federal Communications Commission, 885 F.3d 687 (D.C. Cir. 2018), which struck down the FCC’s interpretations of “automatic telephone dialing system” (“ATDS”) under the TCPA as “unreasonably, and impermissibly, expansive,” courts are reevaluating what it takes to qualify as an ATDS under the statute.  In Maddox v. CBE Group, Inc., No. 1:17-cv-1909-SCJ (N.D. Ga. May 22, 2018), the Northern District of Georgia found the defendant’s calling equipment required human intervention to place calls, and thus did not qualify as an ATDS. The Maddox plaintiff filed TCPA and FDCPA claims in response to CBE’s alleged harassing debt collection calls. CBE moved for