October 24, 2018

Customer Argues Robotext Suit Stands Despite ATDS Debate

Lawsuit Faces ATDS Debate

A customer suing Mid-Atlantic Sports Network, Hyundai Motor America Inc., and Mercedes-Benz USA LLC for sending unsolicited automated advertising text messages has asked the Florida federal court to deny the defendant’s motion to delay the case indefinitely.

The defendant has motioned to delay the case due to the Federal Communication Commission’s (FCC) examination of the definition of an Automatic Telephone Dialing System (ATDS). However, the plaintiff is arguing that this does not interfere with the case – and does not mean that the court must grant the defendant’s motion to throw out the case.

“Defendants do not contest that they simultaneously peppered thousands of consumers with tens of millions of text messages during the statutory period,” stated plaintiff Sebastian Gonzalez. “Still, they somehow claim, without presenting a single lick of evidence, that the technology they used does not constitute an automatic telephone dialing system.”

The plaintiff continues that even if the FCC changes the definitions of an ATDS, the defendants will still need to give evidence regarding their dialing systems – pointing out that there is no evidence on the technological capabilities of Mid-Atlantic Sports Network’s text marketing equipment.

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