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Case analysis · Calls & text messages

Moskowitz v. American Savings Bank: Texting a Short Code Consents to the Reply, and Rule 41(d) Costs Exclude Attorney's Fees

In Moskowitz v. American Savings Bank, F.S.B., 37 F.4th 538 (9th Cir. 2022), the Ninth Circuit affirmed summary judgment for a bank sued under the Telephone Consumer Protection Act (TCPA) over automated replies to text messages, and then reversed an award of attorney's fees that the district court had treated as "costs" under Federal Rule of Civil Procedure 41(d).

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