In Gary v. Trueblue, Inc., a Sixth Circuit panel upheld a lower court’s decision to grant summary judgement to the defendant against a suit alleging violation of the TCPA.  The plaintiff alleged that he continued to receive text messages from a service he initially opted into despite revoking his consent and filed a claim under the TCPA.  The plaintiff claimed defendant’s system met the TCPA’s definition of an automatic telephone dialing system (ATDS) because it used a third party system that has the capability to randomly generate and text numbers but the lower court found plaintiff failed to make the link showing how defendant used the third party system for the text service at issue.  Additionally, the lower court determined that plaintiff’s claim that messages sent via a web browser were sent via an ATDS was 1) unsupported by evidence; and 2) the 2015 FCC order cited to which stated that devices that originate texts via a web-based portal was ATDS had been set aside by the D.C. Circuit’s ACA International decision. The Sixth Circuit agreed with the lower court finding that plaintiff did not provide sufficient evidence or information to support his claim that defendant’s system satisfies the ATDS definition in the statute.