3rd Circuit Dockets TCPA Appeal vs. Pa. County Democratic Committee

The 3rd U.S. Circuit Court of Appeals docketed plaintiff-appellant Andrew Perrong’s Telephone Consumer Protection Act appeal against the Democratic Committee of Montgomery County, Pennsylvania, said a docketing statement Wednesday (docket 23-2415). Perrong is seeking to reverse the July 18 decision by the U.S. District Court for Eastern Pennsylvania in Philadelphia dismissing his case with prejudice for failure to state a claim. The lower court found no binding precedent in the 3rd Circuit or U.S. Supreme Court that squarely addressed whether calling all numbers on a previously compiled list randomly or sequentially constituted an automatic telephone dialing system that violates the TCPA, as Perrong alleges. The court, relying on the TCPA’s statutory language, said a device that randomly or sequentially calls all phone numbers in a previously compiled list wouldn’t qualify as an ATDS as long as the numbers in the list were not themselves randomly or sequentially generated.