9th Circuit Weighing Oral Argument in Phoenix in TCPA Appeal vs. RNC

The 9th U.S. Circuit Appeals Court is considering for an upcoming oral argument calendar in Phoenix plaintiff-appellant Jacob Howard's appeal to reverse the dismissal of his Telephone Consumer Protection Act complaint against the Republican National Committee (see 2402080021), said a text-only docket notice Thursday (docket 23-3826). The 9th Circuit is weighing sitting dates for September or October, said the notice. Howard alleges the RNC violated the TCPA when it texted him with an embedded video that used an artificial or prerecorded voice. The RNC argues that only voice calls can violate the TCPA because an MMS text message can never have a voice.