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Ing to California law, text messages can be considered as evidence in family court proceedings. These text messages can be used as proof or facts to establish allegations of adultery, financial infidelity, domestic violence, child abuse or neglect, or other threatening behavior.

To admit text messaging then, the rules of evidence typically hold that authentication is made by confirming circumstances. To authenticate a text message, you might present a copy ? a photo or printout of messages or screenshot that shows identifying info ? all of which connects the messenger to the texter.

A contract can be either oral or written, but it is typically advisable to have a written contract whenever possible so that all the terms are clearly laid out and there is no question as to what each party has agreed to. A promise, on the other hand, is not necessarily legally enforceable.

The Telephone Consumer Protection Act (TCPA) is a United States federal law that regulates telemarketing spam. It requires businesses to get expressed written consent from consumers using mobile devices before sending them marketing text messages.

When a past statement, e.g., text message, is inconsistent, any party may use it to impeach even their own clients, under Tenn. R. Evid.

So a recording of an oral contract would be useful to prove that there was an agreement, but would not change the fact that the contract is oral. An agreement via text is a written agreement. An agreement via phone is an oral agreement. A recording of the call does not change the form of the agreement.