The Court discovers that Plaintiff’s TCPA claim is plausible in line with the facts alleged

The Court discovers that Plaintiff’s TCPA claim is plausible in line with the facts alleged

“When assessing the matter of whether gear is ATDS, the TCPA’s clear language mandates that the main focus be on whether or not the gear has got the capability ‘to store or create phone figures become called, utilizing a random or sequential quantity generator. ‘”

Satterfield, 569 F. 3d at 951 (emphasis in initial). The proven fact that Defendant could have targeted Plaintiff for commercial collection agency purposes is therefore perhaps not dispositive as to whether Defendant used an ATDS to initiate the interaction. See Flores, 685 Fed. Appx. At 534; Daniels v. ComUnity Lending, Inc., No. 13-CV-0488-WQH-JMA, 2014 WL 51275, at *5 (S.D. Cal. Jan. 6, 2014) (“The TCPA relates to collectors and additionally they might be accountable for offending calls built to numbers which are cordless”). More over, whilst the forms of allegations Defendant identifies would likely strengthen Plaintiff’s argument, making use of pre-recorded communications or synthetic sounds for purposes of solicitation are not essential for gear become an ATDS underneath the TCPA.