In a recently concluded case in the Ninth Circuit, mass marketing text messages were deemed not to constitute “prerecorded voices”, thus raising new considerations under the Telephone Consumer Protection Act (TCPA). The case, brought forward by Lucine Trim against Reward Zone USA, LLC, centers on the allegation of a TCPA violation due to mass marketing text messages alleged to have used a “prerecorded voice,” thereby infringing 47 U.S.C. § 227(b)(1)(A).
In an apparent win for Reward Zone USA, the Ninth Circuit upheld the District Court’s dismissal of the plaintiff’s cause of action. This case serves as an intriguing example of the intricacies tied to interpreting and enforcing the TCPA in today’s digital age, as the definition of what constitutes a “prerecorded voice” under this act proves to be a crucial determinant in many such lawsuits.
This case and several others are part of the TCPA Tracker for July 2023, an essential resource for legal professionals seeking to remain updated on the latest developments pertaining to the TCPA. For more detailed insights and context regarding this case, and to keep track of other significant hearings, rulings and legal actions related to the TCPA, please visit
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The importance of the TCPA tracker stems from the fact that TCPA litigation has been on an upward trajectory in recent years, and the preemptive insights these trackers offer prove invaluable for legal professionals.
Another noteworthy conclusion from the Ninth Circuit case is that it potentially sets a groundwork for how to approach the definition of “prerecorded voices” under the TCPA moving forward. As is often the case in the realm of law, existing legislation must adapt to and be interpreted in the context of advancements in technology for effective implementation. This case could thus have ripple effects on how the TCPA is applied to text messages and other digital communication forms in future litigation.