Howard

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JACOB HOWARD, for himself and on No. 23-3826 behalf of all others similarly situated,

Plaintiff-Appellant, D.C. No. 2:23-cv-00993- v. SPL

REPUBLICAN NATIONAL

COMMITTEE, a Political Action OPINION Committee,

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona Steven P. Logan, District Judge, Presiding

Argued and Submitted September 11, 2024 Phoenix, Arizona

Filed January 13, 2026

Before: Johnnie B. Rawlinson and Daniel P. Collins, Circuit Judges, and Sidney A. Fitzwater, District Judge.*

* The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation. HOWARD V. REPUBLICAN NAT’L COMM.

Opinion by Judge Collins; Dissent by Judge Rawlinson

SUMMARY**

Telephone Consumer Protection Act

Affirming the district court’s dismissal, for failure to state a claim, of a putative class action, the panel held that the Telephone Consumer Protection Act does not prohibit, absent prior express consent, the…