Technology,
Administrative/Regulatory,
9th U.S. Circuit Court of Appeals
Aug. 24, 2023
Recent 9th Circuit TCPA decision shows limits of applying old statutes to newer technology
The 9th Circuit recently ruled that a text message is not a voice, finding that even though “‘voice’ can be used symbolically,” there was no evidence that Congress intended an “idiosyncratic definition,” and an overwhelming number of dictionary definitions made clear that the ordinary meaning of “voice” relates only to audible sounds.
The 9th Circuit recently rejected an attempt to broaden the scope of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, when it held that promotional text messages not containing audio could not violate the TCPA's prohibition against sending messages with "an artificial or prerecorded voice." See Trim v. Reward Zone USA LLC, -- F.4th --, 2023 WL 5025264, at *4 (9th Cir. Aug. 8, 2023). Over the years, courts have been willing to ...
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