Alexander Resources Telephone Consumer Protection Act (TCPA)
Experts and Consultants

Equipment, Technology and Call Analysis

Expert Witness and Litigation Support Services

Alexander Resources has been retained as technical experts by counsel for defendants in numerous claims and class actions alleging violations* of the Telephone Consumer Protection Act (TCPA). We have performed in-depth technical analysis of call center, messaging, faxing, autodialer and automatic telephone dialing systems (ATDS). In our expert reports and testimony, we have rendered opinions regarding whether a system is an autodialer/ATDS under the definition of the TCPA. We have also addressed the accuracy and utility of telephone/message call records and why individualized inquiry might be necessary to identify class members.

We possess specialized technical expertise in, and knowledge of, calls centers, customer contact systems, communications systems, autodialers, progressive dialers, power dialers, predictive dialers, automatic call distributors (ACD), private branch exchanges (PBX), business communications systems, telephone carriers networks, SMS and text messaging systems, fax systems, and call detail records (CDR). We are also experts in the field of forensic or “post call” data analysis of complex databases that contain evidence relating to subject calls, faxes, and texts to assess validity, accuracy, applicability and utility of the data.

We are known for our ability—both in print and in person—to translate highly complex technical subject matter into plain-English, commonsense and thoroughly understandable terms for technical and lay audiences, alike.

* Included are unconsented telephone and cell phone calls, robocalls, junk faxes, pre-recorded calls, autodialed calls, unauthorized SMS and text messages and unsolicited faxes.

Alexander Resources' work in the TCPA has included:

  • Expert Reports
  • Depositions
  • Communications/contact system technical analysis, consulting and audit
    • Determine if the calls/messages at issue were made using manual dialer (human intervention) or autodialer (automatic telephone dialing system/ATDS) capabilities as defined by the FCC and TCPA
    • Identifying, quantifying, and qualifying the extent of human (agent) intervention in the making of telephone calls
    • Determine if the calls/messages at issue were made on a communication/contact system with current or potential autodialer capacity
    • Determine if a system contains the capabilities of, or functions of, an autodialer.
    • Recommend changes to a system to eliminate actual and potential autodialer capacities
    • Recommend changes to a system to minimize the risk that manually dialed calls are made using current or potential autodialer capacity
  • Called/receiving party consent analysis
  • Preparation of questions to be used by defendant’s attorneys in depositions
  • Analysis of the accuracy and utility of call records and message records
  • Critique and analysis of Plaintiff’s assertions, expert report, and applicability/relevancy of information sources
  • Class ascertainability and certification
  • Calculations of damages and penalties


Technical Evaluations and Analysis
Technical, operational and functional evaluations determine whether the equipment, system, or program used to place calls or send messages constitutes an Automatic Telephone Dialing System (ATDS) under the TCPA. Included are:

  • autodialers
  • automatic text alert systems
  • equipment that dials numbers automatically
  • equipment that dials telephone numbers using a computer database
  • predictive dialers
  • predictive dialing software
  • random number generators
  • sequential number generators
  • SMS/text delivery systems
  • systems that dial numbers without human intervention
These technical evaluations also determine whether the subject system or equipment has or had the capacity, capability, or ability to:
  • automatically input numbers
  • utilize lists or databases of known, nonrandom telephone numbers
  • store or produce telephone numbers to be called
  • use a random or sequential number generator
  • autonomously produce telephone numbers by any means
  • generate numbers on a random or sequential basis
  • dial numbers randomly or sequentially
  • dial numbers automatically (automated dialing)
  • call, fax or send text or SMS messages from numbers that are inputted and or generated
  • dial or send fax or text or SMS messages without human intervention
  • dial or send fax or text or SMS messages from a list
  • convey prerecorded or artificial voice messages to the number called without human intervention or the use of a live operator
  • be programmed to generate telephone numbers
And whether an ATDS or similar system was actually used to make calls or send messages


Call and Message Analysis
This analysis includes examination of dialed and received call and message records and lists to determine which were:
  • actually completed and which were abandoned
  • made to a cellular phone
  • received by a cellular phone
  • made to a landline phone
  • received by a landline phone
  • on the Do Not Call (DNC) list at the time of the call/message
  • made to numbers:
    • with an established business relationships
    • with expressed consent
    • during an allowed grace period

This analysis also:

  • assesses the accuracy of carrier Call Detail Records, subscriber invoices and billing systems and practices
  • analyzes calling & messaging patterns and behavior
  • evaluates call and message event recording, timing and rating (pricing) technologies, systems and methods
  • determines the actual start, end, and duration times for calls and messages
  • determines the actual number of calls and messages sent and or received
  • assesses the accuracy and reliability of the systems, methods, and practices used by carriers to identify completed calls and to rate calls and to categorize calls
  • implements message processing call audits of usage records including call detail records and message records
  • identifies errors caused by defective records, records not generated, records not collected, lost records or records not properly processed.















 
Other expert and consulting services focus on:
3G
4G
Bluetooth
CDMA
Cell Phones
Cell Phone Records, Billing and Usage
Cellular
GSM
LTE
Messaging
Mobile
Mobile Phones
Smartphones
Radio Spectrum
Telephone Consumer Protection Act (TCPA)
UMTS
WCDMA
Wireless

Our Litigation Support Services are headed by Mr. Jerry Kaufman, the president of Alexander Resources. In addition to managing all engagements, he directly manages the research and production of all expert reports, analysis, and testimony. He personally testifies at trial and depositions.

Please refer to Mr. Kaufman's biography for additional information on his background and capabilities.

For a confidential review of your requirements, please contact Carol Smyth at 972-818-8225 or via e-mail at CSmyth@AlexanderResources.com

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