Is a text message a "call" under the Telecommunications Act?

MultiRegion, United States of America

The following excerpt is from Reichman ex rel. Situated v. Poshmark, Inc., Case No. 16-cv-2359 DMS (JLB) (S.D. Cal. 2017):

messages. The TCPA makes it unlawful "to make any call (other than a call ... made with the prior express consent of the called party) using any automatic telephone dialing system ... to any telephone number assigned to a ... cellular telephone service[.]" 47 U.S.C. 227(b)(1)(A)(iii). A text message is a "call" within the meaning of the TCPA. Satterfield v. Simon & Schuster, Inc., 569 F.3d 946, 952 (9th Cir. 2009). The TCPA, however, does not define the term "to make any call[.]"

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