Plaintiff Appealing Dismissal of His TCPA Class Action vs. RNC to 9th Circuit
Plaintiff Jacob Howard is appealing to the 9th U.S. Circuit Court of Appeals the final judgment entered Nov. 6 that granted the Republican National Committee’s motion to dismiss his Telephone Consumer Protection Act class action (see 2311150003), said his notice…
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of appeal Tuesday (docket 2:23-cv-00993) in U.S. District Court for Arizona in Phoenix. Howard alleges the RNC sent him unsolicited text messages with video files that downloaded automatically to his phone and contained artificial or prerecorded voices, in violation of the TCPA. But U.S. District Judge Steven Logan held that the text messages weren’t actionable under the TCPA because the downloaded videos didn’t automatically begin playing. The messages therefore “provided a conscious choice of whether to engage with the audible component” of the downloaded video, but that was different “from what the TCPA intended” by barring calls using a prerecorded voice, said his order.