Good thinking, especially those who live in Texas!
Unfortunately, my state doesn't regulate these systems.
Thinking that case law might expose some resources, or at least provide examples about "how they drug ithis info out of 'em."
A lot of the information needed to support a TCPA case can be propounded in Discovery. Be prepared, however, for the Defendant to Object tooth and nail on admissions and interrogatories. I've seen them object on the basis that revealing the information would "violate a trade secret." (yeah, right). It is possible to get them to admit that they have ATDS equipment, however, they will swear 7 different ways from Sunday that they didn't use it without actually providing information to support that statement.
They will say that they called your number manually.
Be sure to delve into what their definition of "manually" is as well. To most of us a manually dialed call is one where you pick up a phone and press buttons. To these people that means, going to a specific screen, viewing the person's name, and clicking a button.
Argue against statements like that because having to go to a specific screen where ATDS doesn't occur, does not mean that the SYSTEM
does have the capacity to auto-dial.
They can't boast highly integrated systems on one hand, and downplay the capacity of a singular application in it, that doesn't have the capacity to do so. Well, they can do it and they will, but there is case law that supports the Plaintiff's position.Meyer v. Portfolio Recovery Associates Satterfield v. Simon & Schuster, IncAllan Donnelly, and others similarly situated vs NCO Financial
These are all good reads, in my humble opinion. In Donnelly, they reference NCO's Mercury Predictive Dialers. A quick look on the manufacturer's website states:The MPD is integrated as part of the Collection Resource system. Collectors use the same screens for predictive dialing as for manually placed calls; there are no separate screens, so learning to use this dialer is only a matter of remembering a few keystrokes. And the MPD works with existing phone and computer systems, so that you have the ability to locate your agents at any remote location where there's a phone and a computer. Collectors can even use the Mercury Dialer to work from home.
That statement along, quickly proves one merit of the TCPA case on the capacity matter should the offending agency be using Mercury Dialers.