Another ATDS TCPA Case Makes it Past the Pleadings Stage– Is this a Trend?

This is the third time in the last 30 days that I have reported on an ATDS TCPA case making it past the pleadings stage– and remarkably this guy didn’t even have a lawyer.

In Frato v. Capital Management Services, 2025 WL 2830614 (D. N.J. Oct. 6, 2025) the Defendant moved to dismiss an ATDS claim and the court refused to throw out the case.

Here is the meat of the analysis:

Frato alleges that, upon information and belief, Capital utilized an ATDS “that produces and dials numbers sequentially, rather than manual dialing.” (Am. Compl. ¶ 31.) In support of this assertion, Frato sufficiently alleges that: (1) the calls had “[a] notable delay followed by a clicking noise before a representative spoke”; (2) the calls were made by “multiple different phone numbers to contact [Frato], reflecting a dialing pattern characteristic of auto-dialed calls”; (3) the calls were “made in rapid succession from numbers with similar patterns, indicating sequential dialing”; (4) the calls had a “consistent delay upon answering, with a clicking noise and/or beep before a live representative spoke”; (5) the calls predominantly had a 1-800 callback number and/or versions of similar numbers; (6) Capital called Frato twenty-nine times; and (7) the calls’ contents consisted of Capital’s representatives refusing to identify themselves as debt collectors seeking to recover a debt, and asking to speak with a different person, to which Frato explained he was not the person whom Capital attempted to reach and conveyed he did not want to be contacted again. (Id. at ¶¶ 5-6, 16, 18, 23, 25, 30-31)… As such, Frato sufficiently pleaded that Capital used an ATDS, therefore, the Court denies Defendant’s Motion to Dismiss Count One of the Amended Complaint.

Fascinatingly, this case follows the trend of being a DEBT COLLECTION call allegedly made using an ATDS– yet numerous cases have held debt collectors simply do not use such systems as they need to have pinpoint accuracy with their calling practices (long story as to why that matters.)

Chat soon!