The ever-unpredictable Ninth Circuit (e.g. California) Court of Appeals on Friday overturned a lower court verdict and held that Simon & Schuster violated the Telephone Consumer Protection Act as currently interpreted by the FCC in sending unsolicited text messages to cellphones in promoting Stephen King’s THE CELL. MediaPost says “the decision appears to mark the first time that a federal appellate court has said that the telephone law applies to text messages.” S&S had argued that a text message is not a “call” under the law–the Appeals court disagreed, saying the law itself “is silent as to whether a text […]
