Joffe v. Acacia Mortgage Corp.

OPINION

NORRIS, Judge.

¶ 1 Acacia Mortgage Corporation (“Acacia”) appeals from the superior court’s order granting what was in effect partial summary judgment in favor of Rodney Joffe. The superior court found Acacia had violated the Telephone Consumer Protection Act of 1991 (“TCPA”), 47 U.S.C. § 227 (Supp.2005), 1 by delivering unsolicited advertisements, in the form of text messages, to Joffe’s cellular telephone. Acacia argues the superior court should not have ruled against it because the TCPA does not apply to text messages, and if it does, the TCPA violated its rights under the First…