Court rules text messages don’t count as prerecorded voices under TCPA

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TCPA text messages overview: 

• Who: The U.S. Ninth Circuit Court of Appeals rejected plaintiff Lucine Trim’s claim against Reward Zone LLC.
• Why: The court confirmed a ruling from a federal court in California that text messages do not count as prerecorded voices and don’t fall under the Telephone Consumer Protection Act.
• Where: The Ninth Circuit covers California and eight other Western states.

The U.S. Ninth Circuit Court of Appeals rejected plaintiff Lucine Trim’s claim against Reward Zone LLC that attempted to claim text messages from Reward Zone fell under the prerecorded voices restrictions in the Telephone Consumer Protection Act (TCPA).

A circuit judge panel, including N. Randy Smith, Kenneth K. Lee and Lawrence VanDyke, decided on the appeal.

“The panel held that the text messages did not use prerecorded voices under the act because they did not include audible components,” Smith writes in the TCPA text messages ruling. “The panel relied on the statutory context of the act and the ordinary meaning of voice, which showed that Congress used the word ‘voice’ to include only an audible sound and not a more symbolic definition such as an instrument or medium of expression.”

Trim claimed she received at least three mass marketing text messages from Reward Zone that used prerecorded voices, but the panel determined the messages did not have any audible components and that the definition requires an actual sound and not the symbolic definition of voice that involves “an instrument or medium of expression.”

Trim alleged she received the unsolicited messages with a link to a website where Reward Zone attempted to get consumers to complete “deals” to claim prizes.

Trim added to complaint in amendment, TCPA text messages lawsuit states

Two plaintiffs, Tracy Eggleston and Monica Abboud, filed the initial TCPA text messages lawsuit in January 2020 before it was amended multiple times and Trim was added as a plaintiff.

Trim amended the case several times, and a ruling to dismiss the case came on the fourth amended complaint, which then brought the case to the Ninth Circuit.

TCPA class action lawsuits are common, with many recent cases filed. 

Have you received unwanted calls or texts? Let us know in the comments.

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