The Arizona Court of Appeals recently found a business liable for sending an unsolicited advertisement email to a recipient’s wireless phone in violation of the Telephone Consumer Protection Act of 1991 (“TCPA”). The court concluded that an email sent to a wireless phone constitutes a “call,” and noted that such a commercial call created the same concerns about consumer privacy that Congress intended to remedy with the TCPA. This finding is consistent with an earlier Federal Communications Commission ruling. Preliminary cases indicate that other courts may be willing to adopt a similar interpretation of the TCPA. In light of this recent ruling, this article will consider how various new advertising media and technologies may fall within the scope of the TCPA. Businesses that advertise using electronic delivery methods should consider the effect of this case on their current practices as well as any practices adopted in the future.
Daniel L. Hadjinian,
Reach out and Text Someone: How Test Message Spam May Be a Call under the TCPA,
4 Shidler J. L. Com. & Tech.
Available at: https://digitalcommons.law.uw.edu/wjlta/vol4/iss1/7