AN UNCOMFORTABLE SEAT: TCPA Class Action Lawsuit Just Filed Against Big Sandy Furniture

Hi TCPAWorld,

A furniture store company by the name of Big Sandy Furniture a/k/a Big Sandy Superstore (“Defendant)” has just been sued for claims that it violated the Telephone Consumer Protection Act by contacting a consumer who was on the DNC list with multiple text messages in the span of less than a year.

The lawsuit alleges that Defendant used an automatic telephone dialing system to send unsolicited text messages promoting and advertising the ability to obtain various furniture and appliances even though the Plaintiff was on the National DNC list.

What will happen in the end with this case is still to be determined but what is fascinating is that we are again faced with the question of whether text messages are covered under the DNC provisions. The lawsuit alleges that Defendant sent unsolicited text messages, and we know that the TCPA prohibits telemarketers from contacting consumers without their express consent and who are on the DNC registry.
But this still begs the question of whether a text message is a form of a “call” that is covered under the TCPA? Of course, we know that TCPA DNC provisions prohibit calling consumers who are on the Do-Not-Call list but this case just brought four months after the landmark Davis v. CVS Pharmacy, Inc. 2025 WL 2491195 (N.D. Fl. Aug. 26, 2025) where it noted that texts are not “calls” but noted that courts have been divided on this issue. So, we are still left with the same question that needs answering.

TEXTS ARE NOT CALLS!: Second Court Holds Text Messages Cannot Violate TCPA’s DNC Provisions And It Is Getting Interesting Now

One can only speculate that Defendant might feel empowered knowing that there are courts that have held that texts are not “calls” for purposes of analyzing violation of the TCPA but surely Plaintiff’s counsel must have also known this when deciding to file this lawsuit. This issue that courts appear to be split on doesn’t seem to be going away anytime soon and it does make you wonder whether the Plaintiff’s counsel has some trick up their sleeve.

I will be sure to keep my ears and eyes posted on this case and will update you once there is more to discuss. Talk to you soon.