Wed.Jan 20, 2021

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District Court Relies on “Capacity” Issue in Denying Debt Collector Summary Judgment Under TCPA

Troutman Sanders

Specifically, the representative testified that although the telephone software they used was capable of automatic dialing, he “believed” that Taylor Law did not use that function. Taylor Law moved for summary judgment on the TCPA count based on the testimony of its corporate representative. The Court denied the motion on two grounds.