Good News for Marketers? Court Finds Texts Don’t Violate Do-Not-Call Rules

A federal court has ruled that the National Do Not Call Registry does not apply to texts. In Jones v. Blackstone Medical Services, LLC, No. 1:24-cv-01074-JEH-RLH, 2025 U.S. Dist. LEXIS 138371 (C.D. Ill. July 21, 2025), the court held that the “do-not-call” provision of the Telephone Consumer Protection Act (TCPA) applies only to phone calls and not texts. Because the law and its regulations never mention texts or SMS, the judge dismissed claims that defendant Blackstone violated the statute by sending marketing texts to numbers on the National Do Not Call Registry.

This is the first decision following McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, 145 S. Ct. 2006 (2025), in which a court declined to extend 47 U.S.C. § 227(c) to cover texts. In McLaughlin, the Supreme Court explained that in enforcement proceedings, district courts must independently determine whether an agency’s interpretation of a statute is correct. Courts are not bound by the agency’s view but must interpret the law using ordinary principles of statutory interpretation, while giving appropriate respect to the agency’s reasoning.

Blackstone argued that § 227(c) and its implementing rules refer only to “calls,” “telephone calls,” and “prerecorded voice messages” and not texts. The court agreed, emphasizing that the law was enacted in 1991, before texting existed, and that Congress has never amended the provision to include texts.

Plaintiffs relied on several orders from the Federal Communications Commission (FCC), including a 2003 Report and Order stating that the TCPA prohibits texts. But the court noted that those interpretations apply to § 227(b), which governs calls made using an “automatic telephone dialing system” (ATDS) and artificial or prerecorded voices and not the “do-not-call” provision.

While this ruling provides a strong argument for dismissing class actions under § 227(c) based solely on texts to numbers on the “do-not-call” list, the decision is not binding nationwide. Companies should still treat texts as calls when it comes to complying with the National Do Not Call Registry, since other district courts could reach a different conclusion.

Jones signals that outcomes in TCPA litigation may vary as district courts interpret these provisions independently after McLaughlin. Until Congress acts or appellate courts provide clarity, this defense should be raised wherever plaintiffs assert § 227(c) claims based on texts.