For the TCPA. » Satterfield v. Simon & Schuster, Inc., 569 F. 3d 946, 952 (9th Cir. 2009)
The TCPA describes an ATDS as «equipment which includes the capability—(A) to keep or create phone figures become called, utilizing a random or sequential quantity generator; and (B) to dial such numbers. » 47 U.S.C. § 227(b)(1)(A)(iii). «A system will not need to really keep, create, or phone randomly or telephone that is sequentially generated, it need just have the ability to do so. » Satterfield, 569 F. 3d at 951. The Ninth Circuit has explained that «dialing gear doesn’t have to dial figures or deliver texts ‘randomly’ to be able to qualify being an ATDS beneath the TCPA. » Flores v. Adir Int’l, LLC, 685 Fed. Appx. 533, 534 (9th Cir. 2017) (mem. Choice). Further, courts in the Ninth Circuit have actually recognized «the problem a plaintiff faces in understanding the variety of calling system utilised without the advantage of finding» while having discovered that courts can infer the usage of an ATDS through the information on the decision. Hickey v. Voxemet LLC, 887 F.