3rd Circuit Sets April Oral Argument in TCPA Appeal vs. Pa. Democratic Committee
The 3rd U.S. Circuit Court of Appeals tentatively calendared oral argument for the week of April 8 in plaintiff-appellant Andrew Perrong’s appeal to reverse the district court’s July 18 dismissal of his Telephone Consumer Protection Act case against the Democratic…
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Committee of Montgomery County, Pennsylvania, the court said in a letter Tuesday (docket 23-2415) to Perrong’s counsel. The district court found no binding precedent in the 3rd Circuit or U.S. Supreme Court that squarely addressed whether randomly or sequentially calling all numbers on a previously compiled list constituted an automatic telephone dialing system that violates the TCPA, as Perrong alleges (see 2308090033). Relying on the TCPA’s statutory language, the district court said a device that randomly or sequentially calls all phone numbers in a previously compiled list wouldn’t qualify as an ATDS as long as the numbers weren’t randomly or sequentially generated.