Well we have a true seesaw battle on our hands here.
Courts continue to struggle with the issue of whether SMS Messages are covered by the TCPA’s DNC rules post-McKesson.
A couple of weeks back we reported on a decision making it a 3-3 tie– meaning three courts have held SMS messages are covered by the TCPA’s DNC rules and three courts holding they are not.
Well if this was a world series, the “Yes” side just took game seven.
In Mujahid v. Newity, 2025 WL 3140725 (N.D. Ill Nov. 10, 2025) the court denied defendant’s motion to dismiss an concluded SMS messages ARE calls under the TCPA for five reasons:
- Webster’s Dictionary defines a “call” in this context as “ ‘to communicate with or try to get into communication with a person by a telephone.’ ” Satterfield v. Simon & Schuster, Inc., 569 F.3d 946, 953–54 (9th Cir. 2009) (citing Webster’s Third New International Dictionary 318 (2002)). The Court finds that a text message falls within this definition.
- Second, interpreting § 227(c) to include text messages is consistent with the text of § 227 as a whole. The fact that the term “call” as used in § 227(b) encompasses “text messages,” supports the interpretation that the term “call” as used in § 227(c) also encompasses “text messages.”
- Third, interpreting § 227(c) to include text messages is confirmed by the purpose and context of the TCPA.
- Fourth, interpreting § 227(c) to include text messages is consistent with guidance from the FCC.
- Ultimately, the Court’s interpretation is consistent with the weight of authority.
I cleaned up this analysis substantially, but these are the court’s points.
Fascinating to watch this play out in real time. But with the score now 4-3 we will keep everyone posted!
Also will we see YOU at the big DNC.com TCPA Summit in Florida next month? Queenie and I will both be speaking and it will be a FANTASTIC event. Plus it will be your first chance to hear me talk politics live and in person as Troutman For America holds its first ever fundraiser. Will be a ton of fun and HIGHLY educational for all. 🙂
Register now!
Chat soon.