MMS Text Messages That Include Links to Audio Are Not “Prerecorded Voice” Subject to TCPA Wireless Prohibition When a “Conscious Choice” is Required to Access Audible Content

Following the current Ninth Circuit choice in Trim v. Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (ninth Cir. Aug. 8, 2023), see earlier put up, the place the court docket held that SMS messages that lack any audible part will not be pre-recorded voice calls, the District Court in Howard v. Republican Nat’l Comm., No. CV-23-00993-PHX-SPL, 2023 WL 7301861, (D. Ariz. Nov. 6, 2023), held {that a} Multimedia Messaging Service (“MMS”) textual content message didn’t represent the usage of a prerecorded voice message…
By: Womble Bond Dickinson

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November 10, 2023 at 07:12PM