In Saragusa v. Countrywide, 2016 WL 1059004, at *4 (E.D.La., 2016), Judge Vance found that a TCPA plaintiff had pleaded no facts suggesting that the calls were not manually dialed.
The TCPA defines the “automatic telephone dialing system” as equipment capable of “stor[ing] or produc[ing] telephone numbers to be called, using a random or sequential number generator [and] dial[ing] such numbers.” 47 U.S.C. § 227(a)(1)(A)-(B). Here, Saragusa’s TCPA claim is premised on Bank of America “harassing” her about her outstanding debt. This harassment allegedly occurred on a few occasions in 2014 and 2015 after Saragusa had repeatedly communicated with and provided her contact information to numerous Bank of America employees over the course of ten years. The Court cannot reasonably infer from these facts that Bank of America randomly generated Saragusa’s cellular and home phone numbers with an automatic telephone dialing system, rather than deliberately dialed the numbers that she provided to the company.