In Stavrinides v. Pacific Gas and Electric Company, 2016 WL 1598744, at *2 (N.D.Cal., 2016), Judge Alsup held:
As an initial matter, plaintiff has not alleged that he was charged for the call, which he must allege to state a claim under the TCPA. Moreover, the complaint does not, in anything other than conclusory fashion, allege that PG&E used an “automatic telephone dialing system” as defined by the statute. To state a proper claim, plaintiff must allege facts plausibly demonstrating that PG&E used “equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.” 47 U.S.C. 227(a)(1).