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Yet another court has now held SMS are not telephone calls under the TCPA’s DNC rules– and this time its a court right in the center of the nation.
In Rush v. Selectquote Insurance, 2026 WL 2495598 (W.D. Mo July 30, 2026) the court concluded SMS messages are not calls for purposes of the TCPA’s DNC rules based on the plain language of the statute.
Here’s the key portion of the analysis:
Here, the plain text of § 227(c)(5) states the private right of action applies only to “telephone calls.” Congress did not define
the term “telephone calls” within the TCPA. In 1991, “a telephone was ‘an instrument for reproducing sounds at a distance.’
” Steidinger v. Blackstone Med. Servs., 2026 WL 2028517 at *2 (7th Cir. July 14, 2026), quoting Webster’s Ninth New
Collegiate Dictionary (1991). “[T]he 1990 edition of Webster’s Dictionary defined ‘call’ as ‘the act of calling on the telephone,’
and defined ‘telephone’ as ‘an instrument for reproducing sounds at a distance.’ ” Richards v. Shein Distrib. Corp., 2026
WL 847584, at *2 (S.D. Ind. 2026), quoting Webster’s Ninth New Collegiate Dictionary (1990). Text messages do not
“reproduce[e] sounds at a distance.” Text messaging is not an “act of calling on the telephone.” The plain and ordinary meaning
of telephone calls in § 227(c)(5) does not include text messages.
Since SMS are not “sounds” reproduced at a distance they are not telephone calls. And the court rejected Plaintiff’s policy and FCC based arguments to the contrary.
The W.D. Missouri is now the 13th federal district (including the entire 7th circuit footprint) to conclude SMS messages are not telephone calls for purposes of the TCPA’s DNC rules. In such districts a caller cannot be sued for unsolicited SMS messages marketing to consumers on the DNC list.
Yet a very real split of authority still remains as 14 other district courts (and possible the the 9th circuit court of appeals) has held otherwise.
Reach out to Troutman Amin, LLP if you’d like a complete listing of the
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Under certain state laws, the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
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Yet another court has now held SMS are not telephone calls under the TCPA’s DNC rules– and this time its a court right in the center of the nation.
In Rush v. Selectquote Insurance, 2026 WL 2495598 (W.D. Mo July 30, 2026) the court concluded SMS messages are not calls for purposes of the TCPA’s DNC rules based on the plain language of the statute.
Here’s the key portion of the analysis:
Here, the plain text of § 227(c)(5) states the private right of action applies only to “telephone calls.” Congress did not define
the term “telephone calls” within the TCPA. In 1991, “a telephone was ‘an instrument for reproducing sounds at a distance.’
” Steidinger v. Blackstone Med. Servs., 2026 WL 2028517 at *2 (7th Cir. July 14, 2026), quoting Webster’s Ninth New
Collegiate Dictionary (1991). “[T]he 1990 edition of Webster’s Dictionary defined ‘call’ as ‘the act of calling on the telephone,’
and defined ‘telephone’ as ‘an instrument for reproducing sounds at a distance.’ ” Richards v. Shein Distrib. Corp., 2026
WL 847584, at *2 (S.D. Ind. 2026), quoting Webster’s Ninth New Collegiate Dictionary (1990). Text messages do not
“reproduce[e] sounds at a distance.” Text messaging is not an “act of calling on the telephone.” The plain and ordinary meaning
of telephone calls in § 227(c)(5) does not include text messages.
Since SMS are not “sounds” reproduced at a distance they are not telephone calls. And the court rejected Plaintiff’s policy and FCC based arguments to the contrary.
The W.D. Missouri is now the 13th federal district (including the entire 7th circuit footprint) to conclude SMS messages are not telephone calls for purposes of the TCPA’s DNC rules. In such districts a caller cannot be sued for unsolicited SMS messages marketing to consumers on the DNC list.
Yet a very real split of authority still remains as 14 other district courts (and possible the the 9th circuit court of appeals) has held otherwise.
Reach out to Troutman Amin, LLP if you’d like a complete listing of the
More Upcoming Events
Sign Up for any (or all) of our 25+ Newsletters
You are responsible for reading, understanding, and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free-to-use, no-log-in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates, or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys, or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.
Under certain state laws, the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 2070 Green Bay Rd., Suite 178, Highland Park, IL 60035 Telephone (708) 357-3317 or toll-free (877) 357-3317. If you would like to contact us via email please click here.
Copyright ©2026 National Law Forum, LLC