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Rabbitt v. Rohrman - Is a Text Message a Call for TCPA and Do Not Call (DNC)

When Is a Text a “Call”? Courts Remain Split and Ecommerce Businesses Are Caught in the Middle

Ecommerce Innovation Alliance

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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McLaughlin v. McKesson - District Courts Are Split Over Whether “Telephone Call” Means “Text Message”

District Courts Are Split in Grappling Over Whether “Telephone Call” Means “Text Message” Under TCPA’s Private Right of Action for DNC Violations

Artin Betpera

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

Federal Court Allows TCPA Claims for Company’s Failure to Include Its Name in Marketing Texts: Why We Believe The Court Got it Wrong

Ecommerce Innovation Alliance

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 Text Marketing

Federal Court Concludes TCPA Does Not Apply to Text Messages: What the Jones v. Blackstone Decision Means for Your SMS Marketing

Ecommerce Innovation Alliance

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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Image of Supreme Court building and McLaughlin v. McKesson ruling

Supreme Court’s Landmark Decision in McLaughlin v. McKesson Ushers in a New Era for TCPA Litigation

Ecommerce Innovation Alliance

June 23, 2025

On June 20, 2025, the Supreme Court handed down its decision in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, a ruling that fundamentally redefines the interpretive authority of district courts in civil enforcement proceedings under the Telephone Consumer Protection Act (TCPA). …

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