Text Message Not An "Artificial Or Prerecorded Voice," Ninth Circuit Rules

A text message does not qualify as an "artificial or prerecorded voice" under the Telephone Consumer Protection Act (TCPA), the Ninth U.S. Circuit Court of Appeals has ruled late this summer.

In her TCPA class action, Lucine Trim alleged a violation of Section 227(b)(1)(A) of the TCPA because she received at least three mass marketing text messages from Reward Zone that utilized "prerecorded voices."

The initial text stated, "Hiya Lucine, you are a valuable customer. In these tough times, let us [] reimburse [you] for your shopping needs."

Trim argued that because one definition of "voice" in Merriam-Webster's dictionary is "an instrument or medium of expression," the automatic message sent to her constituted a prerecorded voice as prohibited by the TCPA.