On December 20, 2018, the District Court of New Jersey granted the defendant, National Student Loan Program, summary judgment against an allegation of using an automated telephone dialing system (ATDS) in violation of the TCPA.  Collins v. Nat’l Student Loan Program, No. 17-cv-5345 (D.N.J. Dec. 20, 2018).  The case involved a defendant that used two systems from the same vendor, one of which required an agent to click a number to call.  Defendant used a system called LiveVox Human Call Initiator (HCI) that allowed users to upload cell phone numbers to the system and then such numbers are presented to a clicker agent, where a human must physically click the dialog box before a call can be launched.  Id. at 3.  Defendant used a separate LiveVox system called Quick Connect to call landline numbers that did not contain the human interaction components.  Quick Connect used predictive dialing to call landline numbers.  Id. at 4.  There was no dispute that Plaintiff was called from the HCI system.   Id.  Nonetheless, Plaintiff contended that the Quick Connect and HCI system were essentially different modes of operation for the same underlying system.  Id.  As a result, Plaintiff alleged that the LiveVox HCI system had the capacity to operate as an ATDS and place calls without human intervention.  Id. at 8. The court found in favor of defendant, explaining that even if the human clicker agent role in the system seems trivial, it was sufficient to remove the classification of the HCI system as an ATDS.  Id. at 12.  Further, the court found that HCI and Quick Connect were separate systems because they operated on separate servers and used different software and hardware.  Id. at 14.  The court further explained that the ATDS definition cannot be based on a “latent or potential” capability but rather, the determination is based on the current functionalities of the calling system.  Id. at 14.