As the Earl reported today, a court in North Carolina delivered a big win to a home town bank and a popular predictive dialer platform on ATDS issues post-Facebook.

Great stuff-truly.

But remember–this result was earned on a thin record. Plaintiff complained he did not have the discovery needed to really examine the operations of the predictive dialer at issue. So, of course, there was no evidence available as to those operations.

So while Barnett v. Bank of Am., N.A., 2021 U.S. Dist. LEXIS 101171 (W.D.N.C. May 28, 2021) is a great win, just keep in mind it may not be the final word–or even a first word–on whether predictive dialers actually qualify as an ATDS post-Facebook. 

The revocation analysis, on the other hand is superb and definitely something defendants should be aware of. “Just communicate with me by mail” is not the same thing as “stop calling me.” Great stuff.