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In Snyder v. Landcar Mgmt. LTD, No. CV-22-00705-PHX-DLR, 2023 U.S. Dist. LEXIS 49695, at *5-7 (D. Ariz. Mar. 23, 2023), Judge Rayes found that Ringless Voicemail Messages were "calls" under the TCPA. The Ninth Circuit defines a call under the TCPA as "to communicate with or try to get into communication with a person by telephone." Satterfield v. Simon &… Read More

In Weister v. Vantage Point AI, LLC, No. 8:21-cv-1250-SDM-AEP, 2022 U.S. Dist. LEXIS 139642, at *2-5 (M.D. Fla. Aug. 3, 2022), Judge Merryday denied summary judgment to a ringless voicemail message provider whose telemarketing messages were challenged under the TCPA. The facts were as follows: The following facts are either undisputed or construed in Weister's favor. VantagePoint sells "financial, technical… Read More

In Toney v. Advantage Chrysler-Dodge-Jeep, No. 6:20-cv-182-WWB-EJK, 2021 U.S. Dist. LEXIS 141242, at *8 (M.D. Fla. July 27, 2021), Judge Embry denied class certification in a "ringless" voicemail message TCPA class action. In the Amended Complaint, Plaintiff alleges that he, and others similarly situated to him, received a "ringless" voicemail with a pre-recorded message from Advantage. (Doc. 40 ¶¶ 31,… Read More

  In Caplan v. Budget Van Lines, No. 2:20-CV-130 JCM (VCF), 2020 U.S. Dist. LEXIS 136865 (D. Nev. July 31, 2020), Judge Mayan denied a ringless technology defendant’s motion to dismiss a TCPA claim The second issue is whether RVMs constitute calls under the TCPA. RVM technology allows a message to be placed in a recipient's voicemail without the recipient's… Read More

In Schaevitz v. Braman Hyundai, No. 1:17-cv-23890-KMM, 2019 U.S. Dist. LEXIS 48906 (S.D. Fla. Mar. 25, 2019), Judge Moore found that direct-to-voicemail call technology placed a “call” under the TCPA.  The facts were as follows: Major Advertising, LLC, on behalf of Defendant, transmitted an unsolicited pre—recorded voicemail message (the "Message") to Plaintiff's cellular telephone, which stated as follows: Hi, this… Read More