Ariz. Judge Agrees to Stay TCPA Case Pending Outcome of 9th Circuit Appeal
U.S. District Judge Steven Logan for Arizona in Phoenix granted plaintiff Phillip Woods' Nov. 14 motion to stay his Telephone Consumer Protection Act case against Republican Vivek Ramaswamy's presidential campaign committee, pending the resolution of appellant Jacob Howard’s 9th Circuit…
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appeal against the Republican National Committee (see 2311150003), said the judge’s signed order, dated Monday and posted Wednesday (docket 2:23-cv-01958). Howard and Woods both contend that the text messages they received included a video with a prerecorded audible component that’s prohibited under the TCPA. Logan’s Nov. 6 order granted the RNC’s motion to dismiss plaintiff Howard’s class action, precipitating Howard’s 9th Circuit appeal. Logan held that the text messages weren’t actionable under the TCPA because the downloaded videos didn’t automatically begin playing when they were received.