April 13, 2021 — Maurice Wutscher attorney Brady Hermann is quoted in an AdvisorHub article regarding a Telephone Consumer Protection Act class action filed April 9 against an investment advisory firm for allegedly using an automatic telephone dialing system to call prospective clients.
He is also quoted in an article about the lawsuit in the Vancouver, Wash. newspaper The Columbian.
Mr. Hermann, who discussed the case in a LinkedIn post, said, “Just one week prior to the filing of this complaint, the Supreme Court significantly limited the definition of an automatic telephone dialing system (“ATDS”) in Facebook v. Duguid. Following the Supreme Court’s 9-0 ruling in Facebook, the TCPA can no longer apply to devices that do not ‘us[e] a random or sequential number generator.’ Despite the Facebook decision coming out just one week prior to the filing of this complaint, plaintiff cites to the now outdated definition of an ATDS.”
Mr. Hermann said the plaintiff will have to prove that the advisory firm “used a random or sequential number generator to call him. A lot of telephone systems used by businesses today do not, so plaintiff may have an uphill battle.”
Brady Hermann is senior counsel in the Boston and New York offices of Maurice Wutscher LLP. He regularly represents financial services companies including banks, broker-dealers, financial advisors, financial asset buyers and third party debt collectors in individual, class action and regulatory matters. He has successfully represented clients throughout the country against claims for violations of securities laws, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, the Fair Credit Reporting Act, and various state consumer protection statutes.