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October 19, 2005

SMS Messages can Violate the Telephone Consumer Protection Act

Eric J. Sinron, a partner in the S.F. firm of Duane Morris, has published commentary on CNET News about a novel case in the Arizona Courts.  The case involves the Telephone Consumer Protection Act of 1991 and how it applies to SMS messages received on a cell phone.  The messages were originally sent by email but forwarded by the cellular carrier into cell phone SMS messages. 

The plaintiff, Rodney Joffe, sued the sender under the TCPA alleging that the send violated the TCPA provisions prohibition on using "any automatic dialing system" to make "any call" to "any telephone number assigned to a...cellular telephone service."   The court found liability against the sender.

More details are in CNET News, and a PDF of the opinion is here.  The case is Joffe v. Acacia Mortgage Corporation.

October 19, 2005 | Permalink


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