As our readers know, the Telephone Consumer Protection Act (“TCPA”) legal landscape has rapidly evolved after two significant United States Supreme Court decisions opened the door to previously foreclosed TCPA legal arguments. Changes in the law have not curtailed the filing of TCPA-related lawsuits, however. In a recent TCPA wrong number lawsuit filed in Massachusetts federal court, Plaintiff alleges that Defendant used artificial intelligence (“AI”) to deliver a prerecorded message to his telephone in violation of the TCPA. Below, we discuss the facts alleged in this TCPA wrong number lawsuit, and the importance of hiring experienced TCPA legal counsel.
AI Allegedly Used in TCPA Wrong Number Case
According to the Complaint, Defendant attempted to contact a consumer to inquire about purchasing his car and in doing so, contacted a wrong number and violated the TCPA by delivering a prerecorded message to Plaintiff’s telephone without his consent. Specifically, Plaintiff alleged that Defendant delivered a message that used a “robotic and artificial voice,” as demonstrated by “the unusual tenor, tone, pauses, and cadence.” After receiving this call, Plaintiff asserted that he received a text message from the same caller asking Plaintiff if he was interested in receiving a quote for his car. To allegedly ascertain the identity of the caller, Plaintiff asserted that he called Defendant’s telephone number. After a voice answered, Plaintiff purportedly asked whether the voice was real or not, and the voice responded that it was AI. As a result, Plaintiff, on behalf of himself and a putative class, alleged that Defendant violated the TCPA by placing calls to consumers using a prerecorded message.
The Takeaway? Hire KMT If Faced With a TCPA Wrong Number Claim
Although the Federal Communications Commission (“FCC”) previously confirmed that the use of AI falls within the TCPA’s restrictions on the use of “artificial or prerecorded voice,” courts are no longer required to defer to regulatory agency guidance and interpretations. With this transformation, companies facing TCPA wrong number and other TCPA-related lawsuits have been able to successfully challenge FCC TCPA rulemakings that have been on the books for decades.
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