On June 10, 2025, the United States District Court for the Northern District of Illinois issued a noteworthy decision for companies that find themselves contesting prerecorded voice claims. In Taylor v. Kin Insurance Inc., the Court denied Defendant's Motion to Dismiss, finding that Plaintiff had plausibly alleged Defendant's use of prerecorded voice technology in violation of the Telephone Consumer Protection Act ("TCPA"). As our readers are aware, the TCPA makes it unlawful "to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party."
In its Motion, Defendant argued that Plaintiff had not pled sufficient facts to create the inference that the subject telephone calls utilized prerecorded voice. In support thereof, Defendant claimed that Plaintiff's allegations were pled in merely a conclusory fashion. The Court disagreed, holding that Plaintiff had met the standard of pleading established by other courts in the district. TCPA defendants often contest and succeed in their motions to dismiss prerecorded voice claims on the basis that they are merely cursory recitations of TCPA statutory language, lacking specificity. Taylor is notable because Plaintiff put significant effort into substantiating her allegations. As a result, the Court allowed her claims to proceed past this stage of the litigation.
The Court's Analysis of Plaintiff's Prerecorded Voice Claims
According to the Complaint, Plaintiff received two phone calls advertising Defendant's home insurance products. Plaintiff did not answer the calls, and two voicemail messages were left on her cellphone. Plaintiff alleges that both messages utilized prerecorded voice. In addition, Plaintiff claims that she never provided express consent to receive automated telemarketing calls from Defendant.
In its opinion, the Court noted that the majority of courts in the Northern District of Illinois have found the pleading standard satisfied when a TCPA plaintiff can describe anything "about the circumstances of a call or message contributing to his belief it was prerecorded." The Court further explained that two or more facts consistent with use of prerecorded voice are usually sufficient to state a claim.
In deciding for Plaintiff, the Court relied on her allegations that: 1) both subject voicemails were "identical in tone, voice, content, and style;" 2) others have complained about receiving the same exact calls; and 3) the voicemail messages were generic in nature (did not use Plaintiff's name or other identifying information) and had the exact same .wav size.
Why Does Taylor Matter to Your Business?
As courts have frequently noted, the commonplace practice of "parroting" statutory language is a pervasive issue with many TCPA complaints. Often, this lack of specificity warrants dismissal at the pleading stages.
In Taylor, the Plaintiff certainly bucked this trend, detailing for the Court how the calls at issue purportedly utilized prerecorded voice. Taylor serves as a reminder that TCPA plaintiffs continue to enhance their tactics. Although many complaints are boilerplate, simple improvements can better their chances of surviving the pleading stages of TCPA litigation proceedings. However, the best counter to prerecorded or artificial voice claims remains the same: acquire express written consent to use such technology prior to contacting consumers.
Given the ever-changing landscape of TCPA litigation, it is important that businesses regularly consult with experienced telemarketing law counsel. For well over a decade, the attorneys at Klein Moynihan Turco have defended countless TCPA claims on behalf of the telemarketing industry.
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