one in which a list of telephone numbers was generated using a number generator , and that list was then subjected to a second random number generator for storing and determining the calling order . See Amici Curiae , p . 17 . But this Court believes that the Hufnus and Timms decisions read too much into the Amici Curiae brief and patent to limit an ATDS to a device that either generates telephone numbers or one that dually generates telephone numbers , and subsequently , the calling order . In this Court ’ s view , this conclusion contravenes the Supreme Court ’ s express words .
At The Movies
The Troutman Amin , LLP team participated in the Barbenheimer craze this summer — and it was a ton of fun . And yes , the Czar wore a pink suit for Barbie and period attire for Oppenheimer . A good time was had by all !
Uh oh .
The Sherrer ruling was decided by a magistrate judge and not an Article III district court judge , but this is still a very big deal — especially since the analysis applied by the Court is pretty dead on .
Now understand , I am not rooting for the bad guys here . But the law is what the law is . And the Supreme Court ’ s Facebook ruling has not received the proper analysis it deserves from courts recently . While I think defendants should walk away from cases like these with wins , it should be for the right reasons — i . e ., that the system does not use an ROSNG to store or produce phone numbers not to be dialed — and not due to any sort of inaccurate shortcut .
More importantly , cases like this make it easier for me to do my job and provide sound and valid compliance advice — the system ’ s ability to randomly or sequentially sequence numbers for dialing is critical to evaluate . That ’ s what makes human selection systems so valuable and what makes knowing your code so critical .
Yes , it would have been better if Footnote 7 had never existed — and perhaps it shouldn ’ t — but we are where we are . And those who close their eyes to the footnote are likely to have egg on their face , as Sherrer reminds us .
If you have questions on any of this — and the wise will — we are here to help .
And if you want more information on human selection systems , here is a QR code to a podcast interview with Safe Select creator Dan Greenwell that may help .
For the interested , the Czar also TROUTMANAMIN penned articles critiquing . COM • both 11 movies , that can be found on TCPAWorld . com .