In Williams v. T-Mobile USA, Inc., 2015 WL 5962270, at *2 (N.D.Cal., 2015), Judge White held that Plaintiff must plead more than conclusory allegations regarding use of an ATDS.
Williams argues that her allegations that T-Mobile made a “barrage” of calls and that the “frequency and pattern of the calls” provide the necessary factual support to conclude that the calls were made with an automatic dialing system. The Court disagrees. In the Kramer case, the court found that the plaintiff had supplemented the otherwise conclusory allegations with allegations that described the “impersonal manner” of the messages, which were advertisements. It also noted that the plaintiff had no other reason to be in contact with the defendants. Kramer, 759 F. Supp. 2d at 1171. Similarly, another court within this district has found that an allegation of a “telltale pause” between the time the plaintiff answered a call and the time an agent began speaking was sufficient to support an inference that calls were made using an automated dialing system. Lofton v. Verizon Wireless (VAW) LLC, No. 13-CV-5665-YGR, 2015 WL 1254681, at *5 No. 13-CV-5665-YGR, 2015 WL 1254681, at *5 (N.D. Cal. Mar. 18, 2015); see also Kazemi v. Payless Shoesource, Inc., No. 09-CV-5142-MHP, 2010 WL 963225, at *2 (N.D. Cal. Mar. 16, 2010) (finding plaintiff had included sufficient facts where text messages were described as being formatted in SMS code and scripted in an impersonal manner).