NRA’s PAC Moves to Dismiss TCPA Class Action for Failure to State a Claim

for Arizona in Phoenix. Crawford alleges the PAC embarked on an unsolicited text message campaign, causing her and class members injuries, including invasion of their privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion. But Crawford’s allegations don’t support any TCPA violations, said the PAC. She brings her action “under the novel but fatally flawed legal theory” that a text message she received violated the TCPA because it contained a video file with audio content, and thereby constituted a call using a prerecorded or artificial voice, it said. Crawford’s claims Plaintiff’s claims “fail as a matter of law,” it said. While a text message is considered a call under the TCPA, courts distinguish between voice calls and text messages, and no court has ever held that a text message has a voice or has violated the artificial or prerecorded voice aspect of the TCPA, it said. “Nor should this Court here, as doing so would subvert the TCPA’s plain language, and lead to absurd results,” it said. It would make nearly every American with a cellphone a “TCPA-violator-in-waiting, if not a violator-in-fact,” it said. The court should decline to adopt Crawford’s “chainsaw” approach to problem-solving and “dismiss her claims in their entirety,” it said.