TOUGH CROWD: Horton Thrown out of Court in TCPA Suit Against Molina Healthcare And It Was a Tough Ruling For Him

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So look, I am obviously a defense-minded individual–especially when it comes to frivolous TCPA suits.

But I do have a pretty objective mindset when it comes to evaluating allegations in a complaint. And the requirements to plead a TCPA claim are not that high–especially since all facts are to be taken as true and all inferences are to be read in favor of the plaintiff on a motion to dismiss.

So when I see the ruling in Horton v. Molina Healthcare 2026 WL 490216 (N.D. Tex Feb.6, 2026) I have to raise an eyebrow.

In Horton, the Plaintiff alleged he received three text message discussing open enrollment and healthcare plans with two different call back numbers. He alleged he called the call back numbers and was connected with a guy who sold him a Molina policy. On the basis of these allegations he sues Molina arguing it was responsible for the messages.

Molina argued these allegations were too bare bones to merit a claim– after all, the numbers used to send the text are not alleged to be Molina numbers and the agent selling the policy did not have a Molina email address. Still, however, the fact the agent fielding the calls sold Molina’s policy coupled with allegations Molina had hired third-party marketers to represent it might be enough to give courts pause.

Not this court, however.

The Horton court dismissed the claim determining that allegations such as “Molina hired a company to market its policies; this company sent numerous texts to Horton in violation of the TCPA; and that Horton ultimately bought a Molina healthcare policy as a result of these texts” were too conclusory to support a claim.

Interesting, no?

The court also determined messages “claiming that Horton’s 2025 healthcare plan may require attention” were not marketing because they referenced an existing policy– and this is REALLY eyebrow raising. First, the content of the call could easily be read as potentially opening the door to sell Horton a different policy– an inference supported by additional allegations in the complaint. Second, it is the INTENT of the caller and not the content of the message that matters– and a “dual purpose” message– i.e. one that relates to both informational and marketing intent– is treated as marketing. Third, even if (as the court assumes) the message were intended to related to a 2025 healthcare plane in existence Plaintiff alleged he did not have a current healthcare plan so there isn’t any alleged EBR.

Really surprising the court would determine this message is not marketing– but hey, I am good with it!

Bottom line Molina walks away with a nice win here.

If YOU want to walk away with big TCPA wins be sure to request a copy of the 2026 Troutman Amin, LLP TCPA Annual Review, presented by Contact Center Compliance.

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Chat soon.

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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