Bad Mojo For Mojo "Power Dialer"
Safe Select uses proprietary Human Sequence Selection technology to maintain compliance
A recent case out of the United States District Court, District of Arizona allowed an amended complaint alleging Mojo’s “Power Dialing” platform violated the TCPA. Specifically, in MacDonald v. Brian Gubernick PLLC, CV-20-00138-PHX-SMB (D. Ariz. Nov. 8, 2021) Plaintiff alleged the Mojo dialer, ““us[ed] equipment that, upon information and belief, had the capacity to store or produce telephone numbers to be called, using a random or sequential number generator.””
Allowing the amended complaint, the court explicitly referenced Footnote 7 of the Facebook v. Duguid opinion saying, “Yet, a footnote of the opinion (Facebook v. Duguid) recognized that a device may still constitute an autodialer under the TCPA if it randomly dials numbers from a preproduced list. Id. at 1172 n. 7” Further basing its opinion on fn. 7 the court explained, “When taking the Duguid footnote into account, both Plaintiff's FAC and proposed SAC state a valid claim for relief under the TCPA.”
Click the button below to learn more about how Facebook v. Duguid’s Footnote 7 impacts autodialer compliance.
