Do NOT Leave a Message at the Tone

The Fifth Circuit recently reversed partial summary judgment in favor of the plaintiff in a TCPA claim, finding that summary judgment instead should have been granted to the defendant on four of the seven calls at issue. Ybarra v. Dish Network, L.L.C., No. 14-11316, 2015 WL 6159755 (5th Cir. Oct. 20, 2015). The plaintiff argued that the defendant violated the TCPA by making a call with a prerecorded voice. But, because the plaintiff did not answer the four calls at issue, no prerecorded voice was ever delivered or used. The Fifth Circuit held that the prerecorded voice must speak during the call to trigger liability. The court therefore reversed and remanded, directing the district court to enter partial summary judgment in favor of defendant.