Law Conference of Champions V ticket prices as I type: $299.00 (and rising)
We’re still weeks from election day but we have already seen our first district flip.
Of course, I am talking about the Southern District of Florida flipping from a jurisdiction that previously held SMS messages are “telephone calls” for purposes of the TCPA’s DNC rules to now, apparently, a jurisdiction that follows the new majority rule– SMS are NOT trigger the DNC requirements.
In Pillips v. GJD Stars, Inc. 2026 WL 3060556 (S.D. Fl. Sept. 18, 2026) the court held the majority of recent decisions apply the new rule that texts are not calls– so it would as well.
The analysis is pretty standard fare turning on Congressional intent back in 1991 and the gap between the broader definition of “telephone solicitation”–which includes “messages” and “telephone calls”– and the private right of action that applies only to the narrower term “telephone calls.” Really no new ground there.
But the key is this is the first time we have seen a previously red district flip to green!
We will get the map updated– maybe a little red and green stripe action for this district since it appears to be in flux.
Speaking of in flux AEP opens up today and there are a bunch of new tactics and issues you should be aware of! Get ready for the Medicare season with Deserve to Win Ep. 53 and get a tune up guided by Chris Michelson of MedicareCompliance .com and EnrollHere!
Chat soon.