Stellar Recovery, LiveVox Win Major TCPA Victory
September 6, 2016
In a decision filed just prior to Labor Day weekend, the US District Court for the Middle District of Florida ruled in favor of the defendant, Stellar Recovery Collection Agency, Inc. in a Telephone Consumer Protection Act (TCPA) case involving an alleged Automatic Telephone Dialing System (ATDS). In the case, Pozo v. Stellar Recovery Collection Agency, Inc. (Case No. 8:15-cv-929, United States District Court, Middle district of Florida, September 2, 2016), the Plaintiff alleged that Stellar violated the TCPA when the agency used an Automatic Telephone Dialing System (ATDS) to communicate with him without his consent. The court did not agree. Issuing a ruling packed with citations, including the recent Strauss v. CBE case, United States Magistrate Judge Anthony E. Porcelli ruled that the system Stellar used to call Pozo, a manual clicker app from LiveVox, is not an ATDS under the TCPA.