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ARTICLE · 12 APRIL 2022

Eighth Circuit Finds Text Messaging System Did Not Violate Telephone Consumer Protection Act

Dinsmore & Shohl LLP
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Recently, in Beal v. Outfield Brew House, LLC, 2022 U.S. App. LEXIS 7748 (8th Cir. Mar. 24, 2022) the 8th Circuit Court of Appeals upheld two district court decisions.

United StatesConsumer Protection
Karen Hockstad
Karen Hockstad

Recently, in Beal v. Outfield Brew House, LLC, 2022 U.S. App. LEXIS 7748 (8th Cir. Mar. 24, 2022) the 8th Circuit Court of Appeals upheld two district court decisions, each of which found that the marketing software called "Txt Live" used by the defendants to send promotional text messages to phone numbers randomly selected from a customer database is not an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA). The Court further ruled that equipment which stores numbers to be dialed at a later time is not an ATDS.

The Beal decision is a welcome one for companies that use predictive dialers or text messaging to communicate with their customers. It is one of the first appellate decisions to specifically uphold Facebook, Inc. v. Duguid  in regard to text messaging platforms. 

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