CASE DISMISSED: Texas Court Finds 227(b) Did Not Apply to Text Messages

A lot of ink has been spilled on this blog lately concerning the question of whether texts are “calls” under Section 227(c) of the TCPA. This week, a court in the Southern District of Texas touched on a different issue pertaining to text messages—whether or not texts are covered by Section 227(b).

The case, Uwagbai v. Jefferson Capital Systems, LLC, No. CV H-26-2790, 2026 WL 1804231 (S.D. Tex. June 23, 2026), a pro se Plaintiff alleged a single violation of the TCPA under Section 227(b) against Jefferson Capital Systems, LLC (“Jefferson”) because he had received “two pre-recorded text messages.” Jefferson brought a motion to dismiss which the Plaintiff did not respond to.

The court’s analysis was brief and succinct—Section 227(b) provides that it is “unlawful for any person within the United States … to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party.” The court additionally noted that to be liable under Section 227(c), a call in which a prerecorded voice actually plays must be made. Jefferson successfully argued that the Plaintiff had not presented evidence that a prerecorded voice had actually played, or that the text messages contained an audible voice at all. The court found that “the communications in question in this case are nothing more than text messages and that no call was made.” Because the TCPA was inapplicable in this case, the motion to dismiss was granted.

See you in the next one TCPA World!