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Justia Daily Opinion Summaries

US Court of Appeals for the Eleventh Circuit
January 29, 2020

Table of Contents

Glasser v. Hilton Grand Vacations Co., LLC

Communications Law

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US Court of Appeals for the Eleventh Circuit Opinions

Glasser v. Hilton Grand Vacations Co., LLC

Dockets: 18-14499, 18-14586

Opinion Date: January 27, 2020

Judge: Sutton

Areas of Law: Communications Law

Under Section 227 of the Telephone Consumer Protection Act, to be an auto-dialer, the equipment must (1) store telephone numbers using a random or sequential number generator and dial them or (2) produce such numbers using a random or sequential number generator and dial them. Plaintiffs filed suit alleging that the companies' unsolicited phone calls violated the Act. Plaintiffs alleged that the companies placed the calls through "Automatic Telephone Dialing Systems," which the Act regulates and restricts. The Eleventh Circuit held that because neither phone system used randomly or sequentially generated numbers and because the phone system in Plaintiff Glasser's appeal required human intervention and thus was not an auto-dialer, the Act does not cover them. Accordingly, the court affirmed the district court's judgment in Glasser's case, and affirmed in part and reversed in part the judgment in Plaintiff Evans' case.

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