When Is a Text a “Call”? Courts Remain Split and Ecommerce Businesses Are Caught in the Middle
April 10, 2026
The legal landscape around SMS marketing is becoming more complex and more consequential for ecommerce businesses. A recent Illinois federal court decision in Rabbitt v. Rohrman Midwest Motors adds new momentum to a growing divide among courts: whether a text message qualifies as a “call” under the Telephone Consumer Protection Act (TCPA). In Rabbitt v. Rohrman, the court concluded that it can. This brings SMS messages within the scope of the TCPA’s Do Not Call (DNC) rules.…
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District Courts Are Split in Grappling Over Whether “Telephone Call” Means “Text Message” Under TCPA’s Private Right of Action for DNC Violations
December 22, 2025
The Supreme Court’s opinion in McLaughlin v. McKesson has ushered in a new era for TCPA litigation, and opened doors to challenges that defendants were precluded from making prior to the Supreme Court’s decision. The most recent litigation battleground McLaughlin has opened is the question of whether the words “telephone call” used in 47 U.S.C. § 227(c)(5) means “text message”. …
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Federal Court Allows TCPA Claims for Company’s Failure to Include Its Name in Marketing Texts: Why We Believe The Court Got it Wrong
August 12, 2025
In Newell v. JR Capital, LLC, a federal judge in the Eastern District of Pennsylvania recently addressed a motion to dismiss a claim alleging violations of the Telephone Consumer Protection Act (TCPA) related to marketing text messages. The plaintiff, Jourey Newell, claimed that JR Capital sent him five telemarketing text messages without required caller identification information, specifically JR Capital's name, which he alleged violated 47 C.F.R. § 64.1601(e). …
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Federal Court Concludes TCPA Does Not Apply to Text Messages: What the Jones v. Blackstone Decision Means for Your SMS Marketing
July 31, 2025
A recent ruling in Jones v. Blackstone Medical Services, LLC by a federal court offers an important interpretation of the 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.…
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Sen. Durbin Proposes Bill to Close Gap in the FCC’s Do-Not-Call Authority
March 26, 2024
Senator Durbin's proposed bill, Senate Bill 3991, aims to expand the FCC's authority by removing the qualifier "residential" from its Do Not Call authority, clearing up whether the FCC has authority to extend the Do-Not-Call requirements to mobile numbers. The bill also clarifies consumers' right to sue under the TCPA and revises statutory damages, gaining support from eight Senate co-sponsors.
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FCC Clarifies that Marketing Texts are Subject to Do-Not-Call Regs: The Practical Implications
March 25, 2024
The FCC's new ruling clarifies that marketing text messages fall under Do-Not-Call regulations. While some companies already comply, others must now obtain prior written consent or face stricter scrubbing requirements.
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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
May 14, 2026