In Anderson v. Security Finance of Idaho, LLC, 2015 WL 1478440 (D. Idaho 2015), Judge Winmill found that manually dialed calls are exempt from the TCPA.

The TCPA provides, in pertinent part, that “It shall be unlawful for any person within the United States … to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice … to any telephone number assigned to a paging service, cellular telephone service … or any service for which the called party is charged for the call.” 47 U.S.C.A. § 227(b)(1) (A)(iii) (emphasis added).  The TCPA, 47 USC § 227(a)(1), defines “automatic telephone dialing system” as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers.” Id.  The evidence shows that Maverick Finance did not use an automatic telephone dialing system to contact Anderson on his cell phone. Rather, it appears from the record that Maverick Finance employees called Anderson’s telephone number directly and specifically seeking to speak to a member of his family. Indeed, Maverick Finance’s telephone system does not have the capacity, and is not capable of being modified to have the capacity, to store or produce numbers to be called, using a random or sequential number generator, and to dial such numbers. Because Anderson cannot prove a necessary element of his TCPA claim, it must be dismissed.