Dead Argument Revived? Two Courts Rule Texts Are Not “Calls” Under TCPA
After a recent string of court rulings treating texts as “calls” under the TCPA, it seemed like the argument that texts are not calls was effectively dead. Trying to argue otherwise started to feel a bit like bringing a rotary phone to a smartphone fight.
But two recent federal district court decisions suggest the issue may not be quite as settled as many assumed.
A Sixth Circuit Court Weighs in for the First Time
In Stockdale v. Skymount Prop. Grp., LLC, No. 1:25-cv-1282, 2026 U.S. Dist. LEXIS 42954 (N.D. Ohio Mar. 3, 2026), the Northern District of Ohio dismissed a TCPA claim based entirely on marketing texts sent to a consumer whose number was on the National Do-Not-Call Registry.
The case is the first time a court in the Sixth Circuit has addressed whether texts qualify as “telephone calls” under the TCPA’s private right of action.
Looking to the statutory text, the court examined the meaning of “telephone call” when Congress enacted the TCPA in 1991. Relying on contemporaneous dictionary definitions, the court concluded the term referred to voice communications, not texts.
Because the plaintiff alleged only texts and not voice calls, the complaint failed to state a claim and was dismissed.
A Similar Result in Florida
A week earlier, a court in Florida reached a similar conclusion in Lopresti v. Nouveau Essentials Mktg. LLC, No. 5:25-cv-00282-CEM-PRL, 2026 U.S. Dist. LEXIS 39599 (M.D. Fla. Feb. 26, 2026).
There, the court recommended granting judgment on the pleadings because the plaintiff alleged only unsolicited texts. The court concluded that the TCPA’s private rights of action under §§ 227(b) and (c) apply to “telephone calls,” and that texts alone do not trigger those provisions.
The court also emphasized a broader point: Congress has demonstrated that it knows how to reference texts when it wants to. The absence of the term in the relevant TCPA provisions suggests that “telephone call” and “text message” are distinct forms of communication.
What This Means for You
Even with these decisions, the law is far from settled. Courts remain split on whether text qualify as “calls” under the TCPA. The safest compliance approach remains unchanged:
Treat marketing texts the same as telemarketing calls
Obtain the appropriate level of consent before sending texts
Scrub campaigns against internal and national do-not-contact lists
Maintain clear records of consumer consent
Honor opt-outs immediately
Monitor vendor and platform compliance closely
Assume plaintiffs’ attorneys will forum shop for favorable jurisdictions
In short, even if courts are debating whether a text is technically a “call,” your compliance program should not.
For related context and the broader “texts vs. calls” split, see: