Even as courts are increasingly moving toward applying a narrow ATDS definition, the TCPA remains extremely dangerous—particularly in the Ninth Circuit where Marks holds sway. You won’t find many cases that better prove the point then Lamkin v. Portfolio Recovery Assocs., No. 2:18-cv-03071 WBS KJN, 2019 U.S. Dist. LEXIS 165820 (E.D. Cal. Sept. 25, 2019) where a court just trebled damages against a debt collector and entered a $298.5k judgment—at the summary judgment stage!
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