This week, in the case of Luna v. Shac, LLC et al., the District Court for the Northern District of California issued one of its first post FCC Declaratory Ruling decisions regarding the interpretation of an ATDS under the TCPA. While the court cited to the FCC’s Declaratory Ruling and Order supporting the position that internet-to-phone text messaging falls within the scope of an ATDS, the Court basically ignored the FCC’s new potential or future capacity interpretation, and made no reference to the FCC’s rejection of the human intervention standard.
Instead the court looked at the level of human intervention required in the current case, and found that there was sufficient human intervention to justify the court in granting the defendant’s motion for summary judgement. We will have to wait and see how other courts handle the FCC’s new ruling.
Court applies new FCC Order in TCPA case, but ignores future capacity standard
