Technical Review of Source Code in Telephone Consumer Protection Act (TCPA) Litigation

An Analysis Group team was retained to work on behalf of an entertainment company in a class action regarding alleged violations of the Telephone Consumer Protection Act (TCPA). Our team supported an affiliated expert to rebut claims that the defendant used an automatic telephone dialing system (ATDS) to send unsolicited text messages to consumers’ cell phones, including those on the National Do Not Call Registry, without consent in order to advertise events and promotions. Our role included reviewing the source code for the text messaging platform to determine whether the platform could be used to store or produce random or sequential numbers. The court ruled that the platform in question was not an ATDS, consistent with our expert’s interpretation and conclusions.