Text Messages Are Still Not Voices

Published on December 6, 2022 at 4:00 pm

Eric Troutman

Attorney at Law at Troutman Amin

Editor's note: This article is provided through a partnership between insideARM and  The Troutman Firm, which provides a steady stream of timely, insightful and entertaining takes on TCPAWorld.com of the ever-evolving, never-a-dull-moment Telephone Consumer Protection Act. The Troutman Firm—and all insideARM articles—are protected by copyright. All rights are reserved

Good news! At least as of now…

So back in 2021, Jay Edelman was granted leave of court to file a complaint alleging an extremely dangerous argument that text message “chatbot” constitutes a prerecorded voice. Risher v. Adecco, No. 19-CV-05602-RS, 2021 WL 9182421 (N.D. Cal. Sept. 17, 2021)

Why is this extremely dangerous? Well, if they were to succeed then every text message, even if ATDS was not utilized, would be subject to the TCPA.

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