On December 20, 2018, the District of New Jersey re-confirmed prior opinions saying LiveVox HCI is not an ATDS under the TCPA.  "Although LiveVox HCI's level of human intervention may seem minimal, every court to examine this issue has held that the clicker agent's role prevents the system from qualifying as an ATDS under the statute...Defendant's HCI system does not constitute an ATDS under the TCPA because the system cannot initiate calls without manual human intervention by a clicker agent."

For those keeping score, there are now at least 9 opinions saying HCI is not an ATDS and 0 saying it is.  Here is the updated tally:  

  1. Collins v. National  Student Loan Program (D.N.J. Dec. 20, 2018)
  2. Fleming v. Associated Credit Servs., Inc. (D.N.J. Sept. 21, 2018)
  3. Schlusselberg v. Receivables Performance Mgmt., LLC (D.N.J. June 29, 2017)
  4. Hatuey v. IC Sys., Inc. (D. Mass. Nov. 14, 2018)
  5. Marshall v. CBE Grp., Inc. (D. Nev. Mar. 30, 2018)
  6. Smith v. Stellar Recovery, Inc. (E.D. Mich. Feb. 7, 2017)
  7. Arora v. Transworld Sys. Inc. (N.D. Ill. Aug. 23, 2017)
  8. Pozo v. Stellar Recovery Collection Agency, Inc. (M.D. Fla. Sept. 2, 2016)
  9. Strauss v. CBE Grp., Inc. (S.D. Fla. Mar. 28, 2016)
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