Legal Opinion
Thompson-Harbach v. USAA Federal Sav. Bank
District Court, N.D. Iowa
Decided January 9, 2019No. 15-CV-2098-CJW-KEMPublishedCited by 27 opinions
1Opinion of the Court
C.J. Williams, United States District Judge
TABLE OF CONTENTS
I. PROCEDURAL HISTORY...610
II. FACTUAL HISTORY...611
A. The Credit Card Agreement...611
B. Defendant's Telephone Calling Equipment...612
C. Defendant's Telephone Calls to Plaintiff...612
D. Defendant's Internal Policy...613
III. STANDARD FOR SUMMARY JUDGMENT...613
IV. DISCUSSION...615
A. The TCPA...615
B. Whether Defendant Called Plaintiff's Cellular Telephone...617
C. Whether Defendant Used an ATDS Device to Call Plaintiff...618
1. FCC Rulings and ACA International...618
2. Whether the Predictive Dialer in this Case Was an ATDS...622
D. Whether…
2Cases cited53 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Scott v. HarrisSupreme Court of the United States · 2007
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
48 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gonzalez v. Hosopo Corp.District Court, District of Columbia · 2019
- Duran v. La Boom Disco, Inc.District Court, E.D. New York · 2019
- Jiminez v. Credit One Bank, N.A.District Court, S.D. Illinois · 2019
- Adams v. Safe Home Security IncDistrict Court, N.D. Texas · 2019
- American Academy of Implant Dentistry and DDS Edward R. Kusek v. Marty Jackley, in his official capacity as Attorney General for the State of South Dakota; DDS Nick Renemans, in his official capacity as the President of the South Dakota State Board of Dentistry; DDS Scott Van Dam, in his official capacity as the Vice President of the South Dakota State Board of Dentistry; RDH Zona Hornstra, in her official capacity as the Treasurer and Secretary of the South Dakota State Board of Dentistry; DDS Harold Doerr, in his official capacity as a member of the South Dakota State Board of Dentistry; DDS Tara Schaack, in her official capacity as a member of the South Dakota State Board of DentistryDistrict Court, D. South Dakota · 2026
22 more not listed; retrieve them via the Exa API.