September 5, 2021

Ninth Circuit reverses district court’s dismissal of TCPA claim related to job-recruitment “robocall”

The US Court of Appeals for the Ninth Circuit recently reversed a district court’s dismissal of a case alleging that a job-recruitment “robocall” to which he did not consent to receive violated the Telephone Consumer Protection Act (TCPA).  In its Opinion filed on August 10, 2021, the Ninth Circuit held that the TCPA’s prohibitions and the Federal Communications Commission’s implementing regulation against “robocalls” to personal cell phones are not limited to just advertising or telemarketing calls but apply to “’any call’ regardless of content,” as long as the call was made by a party utilizing an automatic dialing system and was not placed for an emergency purpose or with prior consent.  Thus, the Ninth Circuit concluded that the complaint stated a valid claim under the TCPA.  It reversed and remanded the case to the district court for further proceedings.