Smartphones as Auto-Dialers? Courts Apply Pre-Smartphone Laws to new Technology

In a recent case, the Ninth Circuit Court of Appeals analyzed language in the Telephone Consumer Protection Act (TCPA) which “prohibits the use of an auto-dialer to send promotional text messages without the recipient’s consent”. Advancements in technology like smartphones have created difficulty for the courts in applying language written for the pre-smartphone world. The Ninth Circuit’s ruling effectively turns every smartphone into an auto-dialer. Read more about the court’s interpretation of TCPA in this case