9th Circuit Upholds Dismissal Of Class-Action TCPA Lawsuit Over The Definition Of “Voice”
In the case of Trim v. Reward Zone USA, the plaintiff, Lucine Trim received several unsolicited text messages from the defendant Reward Zone USA. She filed a putative class-action lawsuit brought under the Telephone Consumer Protection Act (TCPA). According to Trim, Reward Zone USA violated the TCPA because she received at least three mass marketing text messages that utilized a “prerecorded voice.” However, the messages were merely text messages and did not use a “prerecorded voice” in the literal sense of the term.
The plaintiff wanted to characterize the text messages as a “prerecorded voice” using a generalized definition of the term “voice” to include any speech act. Reward Zone USA was successfully able to defeat the suit. The defendant asked the court to dismiss the cause of action against it for “failure to state a claim.” The court obliged, and the plaintiff appealed the dismissal to the 9th Circuit Court of Appeals.
The 9th Circuit upheld the dismissal of the cause of action leaving the plaintiff without a claim against Reward Zone USA.
Do text messages count as violations of the TCPA?
Despite the ruling mentioned above that dismissed this plaintiff’s complaint, you can file TCPA lawsuits over unsolicited text messages. The rules and regulations under the TCPA apply to text messages just as much as they apply to phone calls. The FCC considers both phone calls and text messages to be the same so long as they are autodialed or use an automated dialing system that randomly or sequentially produces phone numbers. The use of pre-recorded voice messages or AI-generated voices applies to another provision of the TCPA which was under review in the aforementioned lawsuit.
If you have received unwanted text messages from a business, you should contact a Columbus, OH TCPA violations attorney. We can help you recover between $500 and $1,500 per unwanted text message. Those who use SMS as a marketing tool must ensure that they are not violating the provisions of the TCPA. When they fail to do so, they can be sued.
Understanding the TCPA
The TCPA is a piece of federal legislation that protects consumers from unwanted, harassing, annoying, or unsolicited marketing materials produced by autodialers, automatic phone number generators, and other pieces of technology. It is there to prevent consumers from being bombarded with annoying messages.
Businesses that violate the TCPA can be sued for money damages. A consumer filing a lawsuit against a business for violations of the TCPA can face fines and would owe the plaintiff between $500 and $1,500 per unsolicited text message.
Talk to a Dayton, OH TCPA Violations Attorney Today
Kohl & Cook Law Firm, LLC represents the interests of those who have received unwanted or unsolicited text messages from a business. Call our Columbus, OH TCPA violations attorneys today to schedule an appointment, and we can review your case for violations of the TCPA.
Source:
cdn.ca9.uscourts.gov/datastore/opinions/2023/08/08/22-55517.pdf
