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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EIA Engages Michigan Legislators on SB 351 – A Flawed Mini-TCPA Bill
June 30, 2025
The EIA was in Lansing. Michigan last week, engaging with various members of the Michigan legislature to discuss Senate Bill 351. This bill, which aims to regulate telephone solicitation sales and related conduct, is virtually identical to Senate Bill 1037, a similar "mini-TCPA" introduced last term that ultimately failed to advance. EIA has significant concerns that SB 351 could lead to a surge in litigation against legitimate businesses operating in Michigan and nationwide, rather than effectively targeting the actual bad actors behind scam calls and texts.…
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