POWER LESS: Court Holds Mojo “Power Dialer” May Be an ATDS in Latest Facebook Setback

Published on December 15, 2021 at 4:00 pm

Eric Troutman

Attorney at Law at Troutman Amin

Editor's note: This article is provided through a partnership between insideARM and Squire Patton Boggs LLP, which provides a steady stream of timely, insightful and entertaining takes on TCPAWorld.com of the ever-evolving, never-a-dull-moment Telephone Consumer Protection Act. Squire Patton Boggs LLP—and all insideARM articles—are protected by copyright. All rights are reserved.

 Despite the promise of Facebook, the majority rule remains that ATDS complaints alleging the potential use of a predictive or power dialer are likely to survive the pleadings stage.

The latest such ruling involved the popular Mojo Power Dialing platform.

 

In Macdonald v. Brian Gubernick Pllc, No. CV-20-00138-PHX-SMB, 2021 U.S. Dist. LEXIS 216788 (D. Az.  November 8, 2021) the Court permitted an amended complaint to be filed that alleged the Mojo system: “can then generate sequential numbers and store these sequential numbers in a database, to indicate the automatic dialing order for leads.”

 

That’s a straight Footnote 7 “dialing sequence” allegation folks, and the court bought it finding: “These allegations are sufficient to state a cause of action under the TCPA, even after Duguid.”

 

Not good.