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Do the provisions of the Telephone Consumer Protection Act 1991 apply to iMessages?

JBentley
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msh210
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1 Answers1

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I don't think so.

Most of the provisions of the TCPA also apply to text messages. But I don't think the definition it uses for text messages includes iMessage.

The term text message: (1) Means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number or N11 service code; (2) Includes a short message service (SMS) message, and a multimedia message service (MMS) message and (3) Does not include: (i) A real-time, two-way voice or video communication; or (ii) A message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in paragraph (o)(2) of this section.

I believe iMessage is IP-based, not based on SMS or MMS, so it's excluded by (3)(ii).

Barmar
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