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ARTICLE · 28 JULY 2022

Did This Fresh Subway TCPA Litigation Decision Refresh A New Type Of Claim?

Klein Moynihan Turco LLP
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As telemarketing litigation under the Telephone Consumer Protection Act ("TCPA") continues to evolve (and, in some ways, narrow), more plaintiffs are relying on theories of liability...

United StatesConsumer Protection
David O. Klein
David O. Klein
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As telemarketing litigation under the Telephone Consumer Protection Act ("TCPA") continues to evolve (and, in some ways, narrow), more plaintiffs are relying on theories of liability that stretch the meaning of the law. Consider one of the latest arguments: sending unsolicited text messages violates the TCPA's prohibition on sending messages containing prerecorded voices. One plaintiff brought such a claim in a recent Subway TCPA litigation. The problem with the case, however, is that equating a purely textual SMS message with a prerecorded voice call is not an apt comparison. One Connecticut federal court recently agreed, dismissing a "text message as prerecorded voice" claim in a case captioned Soliman v. Subway Franchisee Advertising Fund, Ltd.

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