It’s hard to keep track of developments on ATDS functionality these days, as week-by-week we’ve had courts across the country coming out on different sides of this raging debate. Last week was no different, and we have a nice ruling out by Judge Gershwin A. Drain of the Eastern District of Michigan in which he excluded an expert report submitted by Jeff Hansen, then went on to hold that the D.C. Circuit had completely “set aside the [FCC’s] declarations regarding the capacity and functions of an ATDS,” in ACA Int’l. Keyes v. Ocwen Loan Servicing, No. 17-cv-11492, 2018 U.S. Dist. LEXIS 138445, at *15 (E.D. Mich. Aug. 16, 2018).
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