The dispute turns on consent. In October 2023, Cruz's attorney mailed UCB a cease-and-desist letter, notifying the company of the representation, directing it to stop contacting Cruz, and revoking any prior consent to calls, including those using artificial or prerecorded voices. UCB says it never received the letter. Whether it did is not resolved, and the prerecorded-voice claim will go to trial. No trial date or jury verdict has been reported.
The ruling reflects a broader narrowing of federal autodialer law. Following the Supreme Court's decision in Facebook, most courts have held that only dialers that randomly or sequentially generate telephone numbers qualify, which has pushed plaintiffs toward prerecorded-voice claims that do not require an ATDS. Commentary on the ruling came from TCPAWorld, the blog run by Troutman Amin, whose TCPA practice group and attorney Eric Troutman authored the post. For collectors, the lesson is that winning on the autodialer theory does not end TCPA exposure. A prerecorded-voice claim can survive on a consumer's testimony even when company records show no prerecorded calls. Statutory damages run $500 per violation, or $1,500 if the conduct was willful or knowing. This is a single district court's summary judgment ruling. It is not binding elsewhere, and it is not a verdict. Counsel should check whether their dialer vendor's records and call logs can answer prerecorded-voice allegations, and confirm how revocation letters are logged and routed.