Telephone Consumer Protection Act (TCPA) – What is an Auto-Dialer?

What is an auto-dialer?  It seems like courts across the country are constantly faced with this ever evolving question. In the U.S. District Court for the Southern District of Florida, the Court held that the Defendant, Ocwen Loan Servicing, LLC, was using an auto-dialer system to contact the Plaintiff after the Plaintiff revoked his consent to be called on his cell phone.  See Jones v. Ocwen Loan Servicing, LLC, Case No.: 0:16-cv-62967 (S.D. Fla. Jan. 29, 2018).  In Jones v. Ocwen Loan Servicing, LLC, the Defendant testified in their deposition that the calls placed to the Plaintiff were done using two separate systems, which communicated with one another.  The first system held the telephone numbers to be dialed and would randomly select one of the numbers.  After selecting the number to be called, the first system would communicate that telephone number to the second system, which would dial the telephone number and send the call to an agent once connected.  Based on the Defendant’s deposition, the Court held the Defendant was using an auto-dialer in violation of the Telephone Consumer Protection Act (TCPA).

If you believe that you are receiving auto-dialed or pre-recorded phone calls from Ocwen Loan Servicing, LLC or any other company who is attempting to collect a debt from you, contact Benjamin Law Practice,  PLLC. For more information about TCPA violations or on filing a case, please visit our website