The Ninth Circuit recently rejected the argument that a text message qualifies as an “artificial or prerecorded voice” under the TCPA. See Trim v. Reward Zone USA LLC, 2023 WL 5025264, 2023 U.S. App. LEXIS 20445 (9th Cir. Aug. 8, 2023).
There, the plaintiff alleged that the defendant had violated the TCPA by sending text messages with promotional offers without her consent. Specifically, she alleged that the defendant had sent her a message stating: “Hiya Lucine, you are a valuable customer. In these tough times, let us  reimburse [you] for your shopping needs.”
As you may recall, the TCPA prohibits making “any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using . . . an artificial or prerecorded voice . . . to any telephone number assigned to a [ ] cellular telephone service. . . .” 47 U.S.C. § 227(b)(1)(A)(iii).