NOT GOOD: Second Court Holds Private Right of Action Exists for SMS Caller ID Failures and this is Getting Out of Hand

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One of the oddest recent developments in TCPAWorld is the seeming requirement that SMS messages must include Caller ID information.

This is odd for a few reasons but most of all because it is impossible.

But also because there is no law that actually says that.

At issue is section at Section 64.1601(e) which requires telemarketers to transmit caller ID information. The definition of telemarketer, in turn, requires the making of a “telephone call.”

In the first instance an SMS message is not a telephone call. And in the second instance carriers do not pass caller ID information with SMS messages. And since the law cannot require the impossible, there can be no claim for an SMS violation of Section 64.1601(e).

There’s also the much larger problem that Section 64.1601(e) was enacted back in 2003, yet the Truth in Caller ID act was enacted in 2010. So at the time the FCC enacted Section 64.1601(e) it likely lacked the authority to do so.

Oh, and since Section 64.1601(e) is a procedural standard it almost certainly was enacted under 227(d)– to the extent the FCC had any authority to enact it, which it did not.  And 227(d) lacks a private right of action. So there can be no claim asserted for a violation of Section 64.1601(e) regardless.

Except that there is.

So holds Novia v. Mobiz, Inc. 2026 WL 752181 (D. Mass. March 17, 2026).

Now in fairness to the Court, it appears the defendant in Mobiz missed a few of these arguments–what else is new–so its another situation where attorneys who don’t really know the TCPA come into a case and make bad law for the rest of us.

Oh joy.

Definitely worth reading though for those who are in the space.

Bottom line– multiple courts have now held (incorrectly in my view) that marketing SMS messages cannot be sent without passing Caller ID information — AND YES THAT INCLUDES MESSAGES SENT WITH CONSENT.

So buckle up my friends. More litigation is coming.

If YOU want to make sure to never miss an argument and have ALL the right moves at your disposal in TCPA litigation you MUST attend Law Conference of Champions May 4-6, 2026 in Irvine, CA (or remotely.) We will have 4 hours of content on TCPA, TCPA compliance, and TCPA litigation strategy– and that’s just on the first day!

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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