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.

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Tags: TCPA