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Every once in a while you see really oddball TCPA decisions out there.
There was the one where a prerecorded call from an elevator was treated as outside the TCPA because it wasn’t marketing (weird.)
There was the one where a court enforced a consent form in an adhesion contract that didn’t comply with any of the usual rules (weird.)
And now we have a case in Texas that holds the TCPA does not apply to text messages.. like, at all.
Now this is a weird ruling because although courts are split on whether the TCPA’s DNC rules apply to the TCPA no court that I am aware of has held the TCPA just doesn’t apply to text messages period.
So let’s dive in.
In Uwagbi v. Jefferson Capital Systems, LLC 2026 WL 1804231 (S.D. Tex. June 23, 2026) Plaintiff sued defendant claiming receipt of unwanted “prerecorded text messages.” Defendant moved to dismiss the claim and the Plaintiff did not respond to the motion– so you see where this is going.
Since Plaintiff failed to respond the court was free to treat the motion as unopposed and merely dismiss the case. But the Court conducted an “independent review” of the record and reached its own odd conclusion about texts and the TCPA:
“Based on the Court’s own independent review of the record in this matter, the Court finds that the communications in question in this case are nothing more than text messages and that no call was made. Based on the foregoing, and the Fifth Circuit’s clear guidance that the TCPA only applies when a prerecorded voice actually plays, the Court finds that the TCPA is inapplicable here. As such, the Court finds that Defendant’s motion should be granted.”
Huh?
Now this is a bit jumbled but what it comes down to is the Court applying apples (prerecorded call analysis) to oranges (SMS messages) and concluding because a text message does not play a voice it is not actionable.
This is a really interesting but ultimately incorrect (in my view) approach that likely only works in this case because plaintiff alleged his text messages were “prerecorded”– so really this is more of a “sms-messages-aren’t-prerecorded-calls” case than a “SMS-messages-aren’t-covered-by-TCPA” case but the court’s ruling appears broader than that.
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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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Every once in a while you see really oddball TCPA decisions out there.
There was the one where a prerecorded call from an elevator was treated as outside the TCPA because it wasn’t marketing (weird.)
There was the one where a court enforced a consent form in an adhesion contract that didn’t comply with any of the usual rules (weird.)
And now we have a case in Texas that holds the TCPA does not apply to text messages.. like, at all.
Now this is a weird ruling because although courts are split on whether the TCPA’s DNC rules apply to the TCPA no court that I am aware of has held the TCPA just doesn’t apply to text messages period.
So let’s dive in.
In Uwagbi v. Jefferson Capital Systems, LLC 2026 WL 1804231 (S.D. Tex. June 23, 2026) Plaintiff sued defendant claiming receipt of unwanted “prerecorded text messages.” Defendant moved to dismiss the claim and the Plaintiff did not respond to the motion– so you see where this is going.
Since Plaintiff failed to respond the court was free to treat the motion as unopposed and merely dismiss the case. But the Court conducted an “independent review” of the record and reached its own odd conclusion about texts and the TCPA:
“Based on the Court’s own independent review of the record in this matter, the Court finds that the communications in question in this case are nothing more than text messages and that no call was made. Based on the foregoing, and the Fifth Circuit’s clear guidance that the TCPA only applies when a prerecorded voice actually plays, the Court finds that the TCPA is inapplicable here. As such, the Court finds that Defendant’s motion should be granted.”
Huh?
Now this is a bit jumbled but what it comes down to is the Court applying apples (prerecorded call analysis) to oranges (SMS messages) and concluding because a text message does not play a voice it is not actionable.
This is a really interesting but ultimately incorrect (in my view) approach that likely only works in this case because plaintiff alleged his text messages were “prerecorded”– so really this is more of a “sms-messages-aren’t-prerecorded-calls” case than a “SMS-messages-aren’t-covered-by-TCPA” case but the court’s ruling appears broader than that.
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