Here’s a pumpkin-spiced TCPA musing for the afternoon coffee break: I’m not sure why Defendants continue to bring motions to dismiss ATDS allegations in federal district courts in California but let me just say—it ain’t working.
In Bodie v. Lyft, Inc., Case No.: 3:16-cv-02558-L-NLS 2019 U.S. Dist. LEXIS 172998 (S.D. Cal. Oct. 4, 2019) the Defendant moved to dismiss the complaint arguing that the ATDS allegations are conclusory and that the allegations demonstrated human intervention was needed to make the texts at issue. Following Marks the district court had little trouble denying the motion. In the Bodie court’s view the SAC “clearly” alleges that an ATDS was used in this case. In the Court’s view, the SAC alleges that the text platform at issue allows a user to “automatically send text messages to [a] stored list of cellular telephone numbers.” That plus allegations that the platform was actually used to send “notifications en masse to a stored list of cellular telephone numbers without the need of individuals to dial the numbers” was sufficient to state a claim.
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