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It seems pretty straightforward.
Nobody thinks of a text message as a “telephone call.”
Plainly two different things.
And obviously Congress did not mean “text message” when it said “telephone call” back in 1991 since text messages did not exist.
Anyhoo, the courts are struggling with this issue in the context of the TCPA and it matters because if SMS messages are not telephone calls then telemarketers can blast you all they want with SMS messages without consent.
People don’t want that. So courts are inventing reasons to ban SMS under the TCPA, even though that’s not what the statute says.
And no, that’s not the way it is supposed to work. But do you really want robotexts all day?
So a philosophical divide is what is leading to a split of authority– those courts who take their job as interpreters of the law seriously find SMS is NOT covered by the TCPA’s DNC provisions. Those courts that take their job as protectors of rights created by congress seriously find SMS IS covered by the TCPA’s DNC provisions.
Troutman Amin, LLP has put together this handy map to help everyone follow along. We just updated it yesterday to note new decisions in PA and in Connecticut.
Check back in frequently and we will be sure to keep everyone updated.
For now, here is the scoreboard of SMS TCPA decisions:
Text ≠ Calls:
Texts = Calls
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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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Find Your Next Job !
It seems pretty straightforward.
Nobody thinks of a text message as a “telephone call.”
Plainly two different things.
And obviously Congress did not mean “text message” when it said “telephone call” back in 1991 since text messages did not exist.
Anyhoo, the courts are struggling with this issue in the context of the TCPA and it matters because if SMS messages are not telephone calls then telemarketers can blast you all they want with SMS messages without consent.
People don’t want that. So courts are inventing reasons to ban SMS under the TCPA, even though that’s not what the statute says.
And no, that’s not the way it is supposed to work. But do you really want robotexts all day?
So a philosophical divide is what is leading to a split of authority– those courts who take their job as interpreters of the law seriously find SMS is NOT covered by the TCPA’s DNC provisions. Those courts that take their job as protectors of rights created by congress seriously find SMS IS covered by the TCPA’s DNC provisions.
Troutman Amin, LLP has put together this handy map to help everyone follow along. We just updated it yesterday to note new decisions in PA and in Connecticut.
Check back in frequently and we will be sure to keep everyone updated.
For now, here is the scoreboard of SMS TCPA decisions:
Text ≠ Calls:
Texts = Calls
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