Business-Related Texts Can Still ‘Run Afoul’ of TCPA: Troutman Pepper

The 9th Circuit U.S. Court of Appeals decision Oct. 12 reversing the dismissal of a lawsuit on grounds that the Telephone Consumer Protection Act doesn't extend to unwanted business texts “serves as an important reminder that business-related texts can still run afoul of the TCPA,” Troutman Pepper said Monday. In Chennette v. Porch.com, the 9th Circuit held (see 2210130080) that TCPA statutory protections “extend not only to individuals, but also to business entities,” the law firm's post said. The litigation involved claims the defendants violated the TCPA by using an automatic telephone dialing system to send 7,527 text messages to plaintiff home improvement contractors with purported client leads, the firm said. Fifteen of the 51 plaintiffs had registered their numbers with the national do-not-call registry, it said. The defendants moved to dismiss, contending the plaintiffs “lacked statutory standing because the TCPA protects only individuals from unwanted calls, and the Idaho district court judge agreed,” it said. But the 9th Circuit rejected this argument, noting the TCPA “provides that a ‘person or entity’ may recover money damages or obtain injunctive relief under the statute,” it said. Based on past FCC guidance and district court findings around the country, the 9th Circuit “held that cellphones on the registry are presumptively residential phones and can still be considered residential when used for both personal and business purposes,” said the firm.