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ARTICLE · 04 DECEMBER 2023

Timing, Content And 'Unnatural' Voice Allegations Keep TCPA Suit Alive

Manatt, Phelps & Phillips, LLP
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Allegations that a defendant left identical messages in an "unnaturally perfect" voice were sufficient for a Washington federal court to deny a Telephone Consumer Protection Act (TCPA) defendant's motion to dismiss.

United StatesLitigation, Mediation & Arbitration
Alexandra N. Krasovec
Alexandra N. Krasovec
Cody A. DeCamp
Cody A. DeCamp
Patrice Ruane
Patrice Ruane

Allegations that a defendant left identical messages in an "unnaturally perfect" voice were sufficient for a Washington federal court to deny a Telephone Consumer Protection Act (TCPA) defendant's motion to dismiss.

Douglas Blair filed his TCPA class action after he allegedly received unlawful prerecorded telemarketing calls from CarInsurance.net. Blair claimed that he received six calls on December 23, 2022 that he did not answer and two more calls on December 26.

On the evening of December 26, Blair answered one of the calls and claimed that a prerecorded voice message identified the caller as CarInsurance.net and solicited the sale of car insurance.

He told the Court the call was prerecorded "because of the tone, cadence and timing of the speaker, which sounded unnaturally perfect."

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