Gadelhak v. AT&T Services, Inc.

Dist. Ct. did not err in entering judgment in favor of defendant-telephone company in action alleging that defendant’s sending of five text messages through use of defendant’s “Customer Rules Feedback Tool” violated Telephone Consumer Protection Act. Record showed that defendant’s tool exclusively dialed numbers stored in customer database, and thus was not “automatic telephone dialing system” because it did not have capacity to generate random or sequential numbers required to establish violation under said Act. Ct further found that Act’s phrase “using a random or sequential number generator” described how telephone numbers must be stored or produced. Fact that plaintiff was not customer of defendant did not require different result.