In recent news, the Ninth Circuit has ruled in the case Trim v Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. August 8, 2023), that text messages do not fall under the category of prerecorded calls. The decision came in response to a putative class action filed by the plaintiff, who claimed that she had received three marketing text messages that utilized prerecorded voices.
According to the plaintiff’s argument, these text messages did not infringe upon the United States Supreme Court’s Decision in Facebook, Inc. v. Duguid, 141 S.Ct. 1163 (2021). In the Facebook, Inc. v. Duguid case, the court set forth specifications regarding what constitutes an Automatic Telephone Dialing System (ATDS).
However, the Ninth Circuit’s ruling in this matter has clarified the legal interpretation of ATDS, as referring strictly to calls and not inclusive of text messages. This information is helpful for businesses that employ texting as a means of marketing and communication, providing them with protection against putative class actions similar to this case.
This legal update, together with other recent court rulings, underlines the continually evolving nature of telecommunications laws and regulations, especially as technology advances. This underscores the importance for legal professionals in staying current with regulatory changes and court decisions that can impact their clients’ operations and strategies.
For more details on this case and testimonies, visit the court documents at jdsupra.com.