In Pascal v. Concentra, Inc., No. 22-15033, 2023 U.S. App. LEXIS 8858, at *2 (9th Cir. Apr. 13, 2023), the 9th Circuit Court of Appeals summarily affirmed a TCPA dismissal.
Pascal’s argument that Concentra violated the TCPA when it messaged him using Textedly, an online text-messaging service, is foreclosed by our decision in Borden v. eFinancial, LLC, 53 F.4th 1230 (9th Cir. 2022). In Borden, we held that a system constitutes an autodialer regulated by the TCPA only if it “generate[s] random or sequential telephone numbers.” Id. at 1231; see also Brickman v. United States, 56 F.4th 688, 690 (9th Cir. 2022). Because Textedly did not store or produce randomly or sequentially generated telephone numbers, Concentra’s text message was not sent to Pascal via use of an autodialer in violation of the TCPA.