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Last summer, the 9th Circuit showed the limits of applying old statutes to newer technology when it held that promotional text messages not containing audio could not violate the Telephone Consumer Protection Act’s (TCPA), 47 USC § 227 prohibition against sending communications with “an artificial or prerecorded voice.” See Trim v. Reward Zone USA LLC, 76 F.4th 1157, 1162 (9th Cir. 2023). Last week, the FCC teed up the question of whether c...
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