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9th Circuit Sets Feb. 2 Mediation Conference in TCPA Appeal vs. NRA’s PAC

The 9th U.S. Circuit Appeals Court scheduled a dial-in mediation conference for Feb. 2 at 1 p.m. PST in plaintiff-appellant Patricia Crawford’s appeal that seeks to reverse the district court’s dismissal of her Telephone Consumer Protection Act claims against the…

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National Rifle Association’s political action committee, said the court’s order Tuesday (docket 23-3830). Under the 9th Circuit’s newly amended briefing schedule, Crawford’s opening brief is due Feb. 9, the NRA’s answering brief is due March 11 and Crawford’s optional reply brief is due 21 days from the service date of the answering brief, said the order. Crawford alleges she received a text message from the NRA that included a video file with an audible prerecorded voice. She contends that the district court erred by concluding that the video didn’t violate the TCPA’s prohibitions against calls and text messages with artificial or prerecorded voices. Another case with identical issues, Jacob Howard v. Republican National Committee (docket 23-3826), is also pending before the 9th Circuit (see 2311290033).