The District Court for the Central District of California recently granted the defendant’s motion for summary judgement in the case of Frejya v. Dun & Bradstreet, Inc. et al. In doing so the court found that the “undisputed facts” demonstrated that the plaintiff was not called from an ATDS. The court cited a portion of the FCC’s July 10 Declaratory Ruling stating, “[t]he Commission has long held that the basic functions of an autodialer are to ‘dial numbers without human intervention’ and to ‘dial thousands of numbers in a short period of time.’”

The court also concluded, that at best, the Avaya phone system used by the defendant could “be used to receive calls from an autodialer if the agent’s computer had the appropriate software, the agent had proper login credentials, and the dialer was appropriately configured.” This is yet another example of a court declining to follow the FCC’s “potential capacity” standard, without giving any explanation for doing so.