Do text messages sent by a chatbot fall within the provisions of the Telephone Consumer Protection Act (TCPA) prohibiting unsolicited calls made using an “artificial or prerecorded voice?” According to the United States District Court for the Northern District of California, the answer to that question is no.

In Risher v. Adecco, Inc., the litigation involved claims that the defendants violated the TCPA by using a “chatbot,” a computer program utilizing artificial intelligence to recognize a consumer’s responses and respond appropriately, to send text messages to the plaintiff regarding potential employment opportunities. The plaintiff filed suit alleging the texts violated the TCPA’s prohibition against non-emergency calls to cell phones made using “an artificial or prerecorded voice.” While the plaintiff admitted the messages sent to him did not have a “voice” in the sense of audible, spoken words, they did have a “voice” in the metaphorical sense, i.e., the chatbot was intended to create the impression of an interactive human “voice,” responding conversationally. Further, the plaintiff argued, the texts, although silent, represent the automated, mass messaging that the TCPA was intended to prevent

While the district court found that the plaintiff’s position was not frivolous, it ultimately concluded the text messages do not fall within the statutory language and granted the defendant’s motion to dismiss. “As one court observed, ‘the policy of protecting telephone privacy might be advanced by a prohibition on unwanted text messages’ … however, ‘that is not what the TCPA currently does.'”

Troutman Pepper will continue to monitor the decision and provide updates on whether other courts follow California’s lead.

Photo of Chad R. Fuller Chad R. Fuller

Chad is a partner in the firm’s Consumer Financial Services practice with a primary focus in financial services litigation. He is an accomplished trial attorney who has served as lead counsel in state and federal courts across the country in which he represents…

Chad is a partner in the firm’s Consumer Financial Services practice with a primary focus in financial services litigation. He is an accomplished trial attorney who has served as lead counsel in state and federal courts across the country in which he represents clients in consumer class actions and general business litigation. Chad has particular speciality with the Telephone Consumer Protection Act, and has also broadened his practice into more traditional areas of health care litigation.

Photo of Virginia Bell Flynn Virginia Bell Flynn

Virginia is a first chair litigator with a diverse practice, representing clients in the health care and financial services sectors. Her managed health care work is focused on defending insurers, managed care organizations, and plan administrators in complex multiparty and single-plaintiff litigation. Virginia…

Virginia is a first chair litigator with a diverse practice, representing clients in the health care and financial services sectors. Her managed health care work is focused on defending insurers, managed care organizations, and plan administrators in complex multiparty and single-plaintiff litigation. Virginia helps clients navigate a range of claims, including bad faith, breach of contract, ERISA, the Mental Health Parity Act (MHPA), out-of-network, and issues arising under common law. As a go-to advisor for some of the largest companies in the U.S., Virginia has litigated matters in more than 21 states.

Photo of Brooke Conkle Brooke Conkle

Brooke Conkle offers consumer-facing companies compliance counseling and litigation services to help them address federal and state consumer protection laws. Recognizing the challenges facing financial services companies, she provides in-depth analysis of complex issues related to consumer protection and compliance.