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Influential Atlanta judge’s decision breaks from other courts, limits scope of TCPA’s do-not-call rules.
Published on Feb. 25, 2026
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In a significant ruling, Judge Thomas W. Thrash of the Northern District of Georgia concluded that SMS messages are not considered “telephone calls” under the Telephone Consumer Protection Act (TCPA), contrary to decisions by other federal courts. Judge Thrash’s order in the case of Radvansky v. 1-800-Flowers.com found the statutory language of the TCPA does not include text messages within its scope, despite some other judges interpreting the law more broadly.
This ruling by an influential federal judge could have far-reaching implications for businesses and consumers, potentially limiting the application of the TCPA’s do-not-call provisions to SMS messages. It breaks from other courts that have held the TCPA covers text communications, creating a circuit split that may eventually require resolution by higher courts.
In his order, Judge Thrash emphasized that statutory interpretation must start and end with the clear text of the law. He found the TCPA’s references to “telephone calls” do not encompass SMS messages, which he said are “separate and distinct forms of communication” from phone calls. The judge rejected arguments by the plaintiff that the court should interpret the law more broadly, noting Congress has amended the TCPA in the past to add specific references to text messages in other provisions, but left the “telephone calls” language unchanged in the section at issue.
A federal judge in the Northern District of Georgia who is known for his thoughtful and direct judicial orders.
The plaintiff in the case of Radvansky v. 1-800-Flowers.com, which challenged the defendant’s use of SMS messages under the TCPA.
The defendant in the case of Radvansky v. 1-800-Flowers.com, which was sued for allegedly violating the TCPA through its use of SMS messages.
“Statutory interpretation must ‘start with the text’—and, if the text is clear, the analysis ‘end[s] there as well.’”
— Judge Thomas W. Thrash, U.S. District Judge (Radvansky v. 1-800-Flowers.com)
“’in common American English usage, a telephone call and a text message are separate and distinct forms of communication.’”
— Judge Thomas W. Thrash, U.S. District Judge (Radvansky v. 1-800-Flowers.com)
The ruling by Judge Thrash creates a circuit split, as other federal courts have interpreted the TCPA to cover text messages. This issue may eventually need to be resolved by higher courts, such as the U.S. Court of Appeals for the Eleventh Circuit or the Supreme Court.
This decision by an influential federal judge significantly narrows the scope of the TCPA’s do-not-call provisions, finding they do not apply to SMS messages. This could have major implications for businesses and consumers, potentially limiting the legal protections against unwanted text communications.
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