A recent ruling in Jones v. Blackstone Medical Services, LLC by a federal court offers an important interpretation of the Telephone Consumer Protection Act (TCPA) concerning Do-Not-Call claims and text messages. This decision, delivered on July 21, 2025, from the Central District of Illinois, found that the specific section of the TCPA governing Do-Not-Call rules – 47 U.S.C. § 227(c) – does not apply to text messages.

Understanding the Jones v. Blackstone Decision

The case involved plaintiffs who alleged they received telemarketing texts from Blackstone Medical Services, LLC despite their numbers being on the National Do-Not-Call Registry or having requested to be placed on the defendant’s internal Do-Not-Call list. They filed suit under Section 227(c) of the TCPA, which concerns violations of Do-Not-Call rules.

Blackstone moved to dismiss the claims, arguing that Section 227(c) does not apply to text messages. Their argument hinged on the plain language of the statute, which provides a private right of action only for those who have received more than one “telephone call”. They pointed out that while “text message” or “SMS message” appears in other parts of the TCPA, these terms are “wholly absent” from Section 227(c). The defendant contended that if Congress had intended to regulate text messages under this specific section, it would have explicitly done so.

The court agreed with Blackstone, dismissing the Do-Not-Call claims related to text messages. The court’s reasoning was firmly rooted in a plain reading of the statute and influenced by recent Supreme Court deference decisions, McLaughlin Chiropractic Assocs., Inc. v. McKesson Corp. and Loper Bright Enters. v. Raimondo.

Key points from the court’s reasoning include:

• Plain Language Interpretation: The court determined that “telephone call” in Section 227(c)(5) means something entirely different from “text message” in today’s language.
• Historical Context: Text messaging technology was not available in 1991 when the TCPA was enacted, so “telephone call” would not have included text messages at that time.
• Rejection of FCC Rulings (for Section 227(c)): The court found that plaintiffs’ reliance on prior FCC rulings that broadly interpreted “calls” to include texts was misplaced for Section 227(c) claims. Notably, the FCC’s 2003 ruling affirming that “calls” include texts specifically referenced Section 227(b), which deals with automated dialing systems and prerecorded voices, not Section 227(c).
• Legislative Role: The court emphasized that it is not its role to “legislate by reading into the TCPA something that is not there”. It stated that it is up to Congress to address the realities of today’s technology and the “intrusions caused therefrom”.

What This Means for Ecommerce Businesses Using SMS Marketing

This decision could have significant implications, particularly for businesses that utilize SMS marketing and are concerned about Do-Not-Call litigation under TCPA Section 227(c).

• Potential Reduction in Specific Litigation Risk: This ruling suggests that Do-Not-Call claims for text messages, brought specifically under TCPA Section 227(c), might face dismissal in certain jurisdictions.
• Uncertainty in TCPA Litigation: It’s important to remember that this is only one trial court decision. While it aligns with arguments careful TCPA defendants have made for decades, it represents “one of the first signs that the Supreme Court’s decisions in Loper Bright and McLaughlin have ushered in a new era of uncertainty in TCPA litigation”. Other courts might interpret the statute differently, or legislative action could clarify the law.
• Continued Importance of Consent and Compliance: This decision does not negate the importance of obtaining proper consumer consent for your SMS marketing efforts. Businesses must still adhere to other sections of the TCPA, such as Section 227(b), which prohibits automated calls or prerecorded voice calls to cell phones without prior express consent. Furthermore, this ruling does not affect state-specific telemarketing and privacy laws, many of which expressly include text messages within the statutory definitions.
• Best Practices Remain Essential: At the EIA, we always advocate for best practices, including obtaining clear consumer consent for all telemarketing communications, whether calls or texts. This helps to avoid consumer complaints and potential litigation regardless of evolving legal interpretations.

As the voice of ecommerce, the EIA is committed to helping our members navigate the complex and ever-changing landscape of telemarketing laws and regulations. We encourage all ecommerce businesses to stay informed and to consult with legal counsel to ensure their SMS marketing practices remain compliant.

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