[author: Eric Troutman]
This is not Chet Wilson
Not long ago the score was 3-3 on the issue of whether SMS messages were calls under the TCPA’s DNC provisions.
But then #biglaw got involved and.. yeah.
The last three cases on the subject have all broken toward SMS messages being covered by the TCPA’s DNC provisions and all three were brought to you by biglaw.
In the latest case Chet Wilson v. Better Mortgage Corp. 2025 WL 3493815 (S.D.N.Y. Dec. 5, 2025) a guy whose number literally ends in all 9s (i.e. 999-9999) defeated a biglaw effort to throw his case out on a motion to dismiss.
Better Mortgage (questionable name) argued the SMS message sent to Wilson’s number were not solicitations because SMS messages are not “calls” to begin with.
The Court disagreed, however, adopting dictionary definitions from the early 1990s (I’m serious) to conclude Congress intended the word “call” to include any communication by telephone–including SMS messages.
Notably this guy Chet Wilson’s number is ALL OVER the internet.

Its a contact number for a realtor in Oregon who is not named Chet Wilson.

A staff directory for a local public works.

Its listed for a self storage company and even as an exemplar court form in Oregon.
But he keeps winning and #biglaw keeps losing.
Sigh.
So again, 6-3 in favor of Texts are Calls and this one seems like it is slipping away from TCPA defendants.
Chat soon.
[View source.]
See more »
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.
© Troutman Amin LLP
Refine your interests »
Please take our short survey – your perspective helps to shape how firms create relevant, useful content that addresses your needs:
Back to Top
Explore 2025 Readers’ Choice Awards
Copyright © JD Supra, LLC

source