On August 19, 2015, the US District Court for the Norther District of California granted summary jedgment in favor of Shaw LLC, proprietors of the Sapphire Gentlemen’s Club in Las Vegas, in a proposed class action lawsuit under the Telephone Consumer Protection Act (TCPA).
The court ruled that, because the text messaging system used by Shac involved human intervention, it was not an autodialer for TCPA purposes.
A Shac employee used a system similar to 84444.com and typed customer numbers in to the website or by uploading a pasting a large number of an existing list of phone numbers. Some customers added themselves to the platform via an interactive text message solution. Messages were sent to the customer list after the actual copy was typed into the system by a Shac employee.
The court ruled a summary judgement in favor of Shac, because “the capacity to dial numbers without human intervention is required for TCPA liability.” The court determined that “human intervention was involved in several stages of the process prior to Plaintiff’s receipt of the text message, including transferring of the telephone number”…..
Read more about the court case here.