Your Marketing Texts Might Be Illegal (And You Probably Don’t Know Why)

Most companies know the basics of telemarketing compliance. Don’t make prerecorded marketing calls without prior express written consent. Don’t call people on the Do Not Call list unless you have some sort of relationship. But a new court ruling says you can be sued just for leaving your company name out of a text. Yes, really.

In Newell v. JR Capital LLC, No. 25-1419 (E.D. Pa. July 16, 2025), a judge held that a consumer could sue under the Telephone Consumer Protection Act (TCPA) because the company, JR Capital, sent five marketing texts that didn’t include its name. While the messages included a phone number and a website link, the court found that wasn’t enough and denied JR Capital’s motion to dismiss.

The ruling has three major takeaways for businesses.

First, companies can be sued if they violate the caller ID rules under 47 C.F.R. § 64.1601(e). This Federal Communications Commission (FCC) rule has been on the books since 2003, but courts were split on whether there was a private right of action. The debate centered on whether the rule was issued under 47 U.S.C. § 227(c), which allows a private right of action, or 47 U.S.C. § 227(d), which does not.

In Newell, the court said caller ID rules are a “network technology” meant to protect privacy and fall under 47 U.S.C. § 227(c), giving consumers the right to sue. This decision follows Dobronski v. SelectQuote Ins. Servs., No. 2:23-cv-12597, 2025 U.S. Dist. LEXIS 54413 (E.D. Mich. Mar. 25, 2025), which we covered back in March 2025 and reached the same result. Though both go against the majority view, these decisions could lead to more caller ID lawsuits in the Third and Sixth Circuits.

Second, the court said the caller ID rules apply to texts. JR Capital argued the rules only apply to calls over traditional phone networks and not texts. The judge disagreed, citing the FCC’s 2003 order requiring caller ID “regardless of calling systems.” The takeaway: marketing texts must follow the same caller ID rules as voice calls.

Third, companies must understand what 47 C.F.R. § 64.1601(e)(1) actually requires. Any marketing message must show either the telemarketer’s or the seller’s name and a working customer service number. That number must allow consumers to make “do-not-call” requests during business hours. A website link is not enough. If your message does not clearly identify the business and include a real number, you are at risk.

Courts are starting to take a hard look at how companies send marketing texts, and they are ready to let consumers sue when the rules are not followed.