AI Robotics Firm Denies Engaging in Willful or Knowing TCPA Misconduct
Moxie Robot, an AI robotics company, denies that it violated the Telephone Consumer Protection Act or that plaintiff Ethan Radvansky or his putative class members “are entitled to any relief whatsoever,” said Moxie’s answer Tuesday (docket 3:23-cv-00224) in U.S. District…
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Court for Northern Georgia in Newnan to Radvansky’s Nov. 21 class action (see 2311220003). Radvansky alleges that Moxie delivered at least six promotional text messages to his residential cellphone after he had listed his number on the national do not call registry April 18. But Radvansky and the putative class members are barred from asserting their claims in whole or in part to the extent that the text messages at issue “were made with the recipients’ prior express written permission and/or consent and that consent was either irrevocable or was not effectively revoked,” it said. Radvansky also can’t assert claims under the TCPA against Moxie to the extent he or others “voluntarily provided telephone numbers for the purpose of receiving messages like those referenced” in the complaint, it said. Any claim for treble damages is barred because Moxie didn’t “engage in knowing or willful misconduct,” it said.