Jerry A. Kaufman

Telephone Consumer Protection Act - TCPA

Expert Witness and Litigation Support Services

 

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

Jerry’s career has focused exclusively on communications systems, technologies, networks and products. Since 1970 he has worked as an educator, technologist, author, product developer, patent analyst, expert witness, business executive and consultant. As a result, he possesses 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). He is also an expert 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.

Jerry is known for his 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.

Jerry’s 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
  • predictive dialers
  • automatic text alert systems
  • equipment that dials numbers automatically
  • equipment that dials telephone numbers using a computer database
  • predictive dialing software
  • sequential number generators
  • random 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
  • store or produce telephone numbers to be called
  • utilize lists or databases of known, nonrandom telephone numbers
  • use a random or sequential number generator
  • generate numbers on a random or sequential basis
  • autonomously produce telephone numbers by any means
  • dial numbers randomly or sequentially
  • dial numbers automatically (automated dialing)
  • dial or send fax or text or SMS messages without human intervention
  • 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 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 landline phone
  • received by a landline phone
  • made to a cellular phone
  • received by a cellular 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
  • implements message processing call audits of usage records including call detail records and message records
  • determines the actual start, end, and duration times for calls and messages
  • identifies errors caused by defective records, records not generated, records not collected, lost records or records not properly processed.
  • 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
Expert Witness and Litigation Support services include:
  • Expert testimony, reports and depositions
    • Testifying with exhibits and preparation of the attorney's material, questions and cross examination
    • Determining the facts of a matter and suggesting case strategy
    • Reviewing opposing expert reports, testimony and depositions
    • Industry, business and technology tutoring and counseling for attorneys and courts
    • Preparation of questions in technical matters for depositions
    • Evaluation of pretrial discovery
    • Assisting in the review, interpretation and understanding of relevant evidence, information and its accuracy
    • Discovery investigation and consulting for interrogatories, depositions and trial
    • Articulating the underlying technologies, systems, processes, methods and their accuracies and limitations

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

For a confidential review of your requirements, please contact Jerry Kaufman at 770-212-9204 or via e-mail at JK@jerryakaufman.com

© 2018 Jerry A. Kaufman