Some relief has come to those using preview dialers to make telemarketing or informational calls to cell phones. The court in Nelson v. Santander[ref]Nelson v. Santander Consumer USA, Inc., 2013 U.S. Dist. LEXIS 40799 (W.D. Wis. Mar. 8, 2013)[/ref] vacated its opinion of March 8, which held that preview dialers were automatic telephone dialing systems subject to regulation by the Telephone Consumer Protection Act [ref]47 U.S.C. 227[/ref].
The order was entered on June 7, on a joint motion and stipulation made by the parties. The case was dismissed, with prejudice, that same day. The order vacating the March 8 opinion is here.
While the March 8 opinion of Nelson v. Santander is no more, it provides a frightening lesson in how easily a seemingly compliant telephone system can be still construed as falling within the scope of the TCPA.
