Joffe v. Acacia Mtge. Corp
In Joffe v. Acacia Mtge. Corp. (211 Ariz 325, 121 P3d 831 ), upon answering his ringing cellular telephone, the plaintiff Rodney Joffe discovered that he had received an unrequested text message from the defendant mortgage company, Acacia Mortgage Corporation.
He subsequently received another text message from Acacia in a similar fashion. Joffe sued Acacia, alleging violations of the TCPA, specifically 47 USC 227 (b) (1) (A) (iii).
Acacia argued that the TCPA only regulated "ordinary telephone calls," i.e., "calls that present the potential for two-way real time voice 'intercommunication,' that is, 'a connection that allows two people to speak to each other in "real time" as though they were face to face' " (211 Ariz App at 329, 121 P3d at 835).
After a thorough discussion of the legislative intent of the TCPA, an analysis of the ordinary, contemporary, common meaning of the word "call," and an application of the rules of statutory construction, the Arizona Court of Appeals concluded, in pertinent part:
"It is the act of making a call, that is, of attempting to communicate to a cellular telephone number using certain equipment, that the TCPA prohibits. Whether the call had the potential for a two-way real time voice communication is irrelevant. Accordingly, we hold an attempt to communicate by telephone constitutes a call under the TCPA even if the attempted communication does not present the potential for two-way real time voice intercommunication." (211 Ariz App at 330, 121 P3d at 836.)