Comcast Seeks TCPA Complaint Stay Pending DC Circuit Decision
Arguing that the meaning of an automatic telephone dialing system (ATDS) as used in the Telephone Consumer Protection Act is about to be clarified by the U.S. Court of Appeals for the D.C. Circuit, Comcast is pushing for a stay…
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in any action on a TCPA class-action complaint against it. In a memorandum (in Pacer) filed Friday in U.S. District Court in Los Angeles in support of its motion to stay, the operator said holding off for that ATDS definition expected in ACA International v. FCC "is nothing short of critical" since the plaintiff in the TCPA complaint alleges the cable ISP used an ATDS to make calls. Comcast also said numerous other courts handling TCPA actions have issued stays pending the outcome of the D.C. Circuit appeal. In a separate answer (in Pacer) to the class-action complaint also filed Friday with the court, Comcast offered 24 separate affirmative defenses. It said the complaint is barred because the plaintiff was bound to arbitrate his claims and because the calls weren't placed using an ATDS or artificial or prerecorded voice. Comcast also said it didn't willfully or knowingly violate TCPA, that the plaintiff and putative class members didn't mitigate any alleged damages and they didn't suffer any actionable injuries or damages. Comcast asked for the complaint to be dismissed with prejudice and that the company be awarded costs. Counsel for plaintiff Malik Brown didn't comment Monday. The court last month rejected (in Pacer) a stay motion sought by Comcast as it appealed rejection of the company's motion to compel arbitration.