Prerecorded Voice Claims Must Be Factually Supported

On November 26, 2024, the United States District Court for the Southern District of California issued a noteworthy decision highlighting the importance of carefully contesting a plaintiff's prerecorded voice claims. In Davis v. Rockloans Marketplace, LLC, the Court granted Defendant's Motion to Dismiss, in part,finding that Defendant had not placed prerecorded voice calls to Plaintiff in violation of the Telephone Consumer Protection Act("TCPA"). As our readers are aware, the TCPA makes it unlawful "to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party."