POURING IN: ANOTHER New Case Holds SMS Messages Are Not “Telephone Calls” and Its Time For A Scoreboard

Add a comment

Two new cases holding SMS messages are NOT calls under the TCPA have really added fuel to an already raging fire out there.

Need to pull together all the rulings on this issue and create a scoreboard. Look for that later today (have a few things to do first this AM).

Brilliant Blake covered the huge win in  Stockdale v. Skymount Prop. Grp., LLC, et al., No. 1:25 CV 1282, 2026 WL 591842 (N.D. Ohio March 3, 2026)— opening up a new territory for this argument deep in the Midwest. (This was Watstein’s good work.)

We also just became aware of Lopresti v. Nouveau Essentials, Case no. Case 5:25-cv-00282, ECF No. 62 (M.D. Fl. Feb. 26, 2026).

While significant, Lopresti merely follows other decisions in M.D. Fl on the issue–particularly El Sayed v. Naturopathica Holistic Health,
Inc., No. 8:25-CV-00846-SDM-CPT, 2025 WL 2997759, at *2 (M.D. Fla. Oct. 24, 2025)– so no new territory here. But still an important ruling.

Look for a cool map on all of this from Troutman Amin, LLP later today along with a TCPAWorld scoreboard as well.

Always a pleasure keeping track of the fun splits that arise out there under the TCPA– heave forbid federal law apply equally to all of us.

BTW if you plan to attend Law Conference of Champions time is running thin to take advantage of our zany Czar Gold discount opportunity.

CZAR GOLD IS BACK YA’LL– GET DISCOUNT LCOC TICKETS WHEN YOU BUY THE CZAR’S MEME COIN (Seriously…)

Read all about it!

Chat soon.

 

Discover more from TCPAWorld

Subscribe to get the latest posts sent to your email.

Categories:

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.

Leave a Reply