Oral Argument Heard in Washington Preemption Case - Update to June 27, 2010

Summary

The judge ruled that the prerecorded call could not create a “conversation” and thus did not violate state law concerning prerecorded message.

Commentary

The ninth circuit has scheduled oral argument with regard to appeal of a case which dismissed a lawsuit brought by the recipient of a prerecorded call who alleged that the call violated state law concerning prerecorded message. The trial judge ruled that the prerecorded call could not create a “conversation” and thus the Washington law, limited in its language to telephone calls causing conversations, did not apply.  The judge also ruled that the complainant husband, who shared a number with his wife, was subject to the same established business relationship the caller had with his wife based on her past purchases at a store.

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