Ohio Federal Court Rules TCPA’s DNC Provision Doesn’t Permit Text Message Lawsuits

A federal judge in the Northern District of Ohio recently held that text messages are not subject to the TCPA’s Do-Not-Call provision because they are not “calls” within the meaning of the statute. Stockdale v. Skymount Prop. Grp., LLC, et al., 2026 WL 591842 (N.D. Ohio Mar. 3, 2026).

In Stockdale, Plaintiff alleged that she received text messages from Defendants for several years after she placed her phone number on the National Do-Not-Call Registry. Defendants moved to dismiss, arguing that the complaint did not state a cognizable claim under the TCPA because the plain language of Section 227(c)(5) is limited to “telephone calls” and does not include text messages.

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Courts in Eleventh Circuit Find No Private Right of Action Under 227(c) for Texts

District courts in the Eleventh Circuit are increasingly finding that the private right of action for violation of the TCPA’s Do-Not-Call provisions does not apply to text messages. More recently, three judges in that Circuit dismissed claims under 47 U.S.C. § 227(c)(5), holding that the statute’s reference to “telephone calls” does not extend to text messages. See Radvansky v. Kendo Holdings, Inc., 23-0214, Dkt. 57 (N.D. Ga. Feb. 12, 2026) (May, C.J.) (entering judgment on the pleadings; this decision is now on appeal before the Eleventh Circuit); Radvansky v. 1-800-Flowers.com, Inc., 2026 WL 456919, at *3-5 (N.D. Ga. Feb. 17, 2026) (Thrash, J.) (granting motion to dismiss); Lopresti v. Nouveau Essentials Mktg. LLC, 2026 U.S. Dist. LEXIS 39599, at *6-13 (M.D. Fla. Feb. 26, 2026) (Lammens, M.J.) (recommendation to enter judgment on the pleadings). The Lopresti court also dismissed a claim under Section 227(b), which restricts the use of automated telephone equipment, for the same reason. Lopresti, 2026 U.S. Dist. LEXIS 39599, at *11-12.

These decisions are consistent with several earlier decisions in the Eleventh Circuit and one in the Central District of Illinois. See McGonigle v. Pure Green Franchise Corp., 2026 WL 111338 (S.D. Fla. Jan. 15, 2026) (Singhal, J.) (granting motion to stay discovery pending resolution of motion to dismiss); El Sayed v. Naturopathica Holistic Health, Inc., 2025 WL 2997759, at *2 (M.D. Fla. Oct. 24, 2025) (Merryday, J.) (granting motion to dismiss); Davis v. CVS Pharm., Inc., 797 F.Supp.3d 1270, 1272 (N.D. Fla. 2025) (Winsor, C.J.) (granting motion to dismiss); see also Jones v. Blackstone Med. Servs., LLC, 792 F.Supp.3d 894 (C.D. Ill. 2025) (Hawley, J.) (granting motion to dismiss; this decision is now on appeal before the Seventh Circuit).

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Fifth Circuit Find’s FCC’s “Prior Express Written Consent” Rule Exceeded Its Statutory Authority

The Fifth Circuit has rejected the FCC rule that has imposed a heightened “prior express written consent” requirement—a requirement found nowhere in the TCPA’s plain language—for more than a decade.  See Bradford v. Sovereign Pest Control of Texas, Inc., No. 24-20379, 2026 WL 520620, at *3 (5th Cir. Feb. 25, 2026). Citing the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024), it found that the “prior express written consent” rule is unenforceable because the FCC had exceeded its statutory authority in enacting it.

From 1991 to 2012 — more than 20 years — it had been the FCC’s consistent position that consent can be “expressed” simply by providing one’s number — i.e., without a “written” or “signed” agreement. See, e.g., In re Rules & Reguls. Implementing the Tel. Consumer Prot. Act of 1991, 7 FCC Rcd. 8752, ¶ 31 (1992) (“[P]ersons who knowingly release their phone numbers have in effect given their invitation or permission to be called…”). It was not until 2013 that the FCC reversed course, enacting a rule requiring that consent for certain communication not only be “express” but also that it be “written,” “bear[] the signature of the person called,” and include various and sundry disclosures the FCC deemed desirable. See 47 C.F.R. §§ 64.1200(f)(9).

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TCPA Case Tossed Because Defendant’s Unequivocal Records Trumped Plaintiff’s Equivocal Recollection

A Texas district court entered summary judgment against a plaintiff who had brought TCPA claims against a debt collector, finding no genuine issue of fact because the plaintiff’s recollection was equivocal and the defendant’s records were not. The case is Anderson v. Monterey Financial Services, LLC, No. 6:25-cv-00102, 2026 WL 318773 (E.D. Tex. Jan. 16, 2026), in which the magistrate judge recommended granting the motion. That report and recommendation was adopted by the district court at 2026 WL 316533 (E.D. Tex. Feb. 5, 2026).

The plaintiff had sued Monterey Financial Services, LLC, claiming it had violated the TCPA by calling his cellphone in an effort to collect a debt, including after he had instructed it to stop calling him. The case was before the court on Monterey’s motion for summary judgment.

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Florida Federal Court Stays Discovery Pending Decision on Whether Texts Qualify as Calls Under TCPA

A judge in the Southern District of Florida recently granted a defendant’s motion to stay discovery in a case involving alleged violations of the Telephone Consumer Protection Act (TCPA), pending resolution of the defendant’s motion to dismiss arguing that a text is not a “call” within the meaning of the TCPA. See McGonigle v. Pure Green Franchise Corp., 2026 WL 111338 (S.D. Fla. Jan. 15, 2026).

The court explained that “resolv[ing] the issue of whether § 227(c) [of the TCPA] includes a cause of action for text messages by exercising our ‘special competence in resolving statutory ambiguities’” is “a question of law that does not require discovery.” Id. at *2.

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Court Revisits Ascertainability, Reaffirms Class Certification Denial

Kate C. Goldberg contributed to writing this article.

In TCPA litigation, one of the most important goals of any defendant is to ensure that the class certification prerequisites are scrupulously applied and that no class is certified unless those requirements are clearly satisfied. A sprawling class action with potential aggregate statutory damages multiplied by hundreds or thousands of calls, texts or faxes takes what would be a modest individual case to a threat to the corporate defendant’s balance sheet. Thus, we are always eager to report on decisions examining the standards for class certification of TCPA claims.

One such recent case is Brian J. Lyngaas, DDS, PLLC v. IQVIA, Inc., which turned on the threshold issue of class ascertainability and whether transmission of a fax from a covered entity necessarily means that a class member received a fax. In Lyngaas, the plaintiff was a dental practice that claimed defendant IQVIA sent unsolicited fax advertisements inviting participation in a health care survey. Brian J. Lyngaas, D.D.S., P.L.L.C. v. IQVIA, Inc., No. 20-2370, 2025 WL 3565507 (E.D. Pa. Dec. 12, 2025). As the court noted, ascertainability requires 1) that the class be defined by reference to objective criteria and 2) that there is a reliable and administratively feasible mechanism for determining whether putative class members fall within the class definition. Id. at *1-2.

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Class Certification Runs Out of Gas Over Consent Questions

The Northern District of Texas recently denied class certification in Rhonn Mitchell v. Toyota of Dallas, a putative class action arising from allegations that Toyota of Dallas (TOD) had violated the TCPA by sending marketing text messages to customers who had previously opted out of such communications. See 2025 WL 3013789 (N.D. Tex. Oct. 28, 2025). This case illustrates the teeth of the predominance inquiry and the importance of maintaining consent records, which are significant evidence even when held in varying formats.

Plaintiff Rhonn Mitchell alleged that, after purchasing a used car, he received repeated marketing texts from TOD despite alleging that he had opted out of receiving such messages. Alleging that TOD had sent over 16,000 texts to more than 1,500 customers after they had similarly opted out, Mitchell sought to certify both nationwide and Texas-only classes of consumers.

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Court Finds Political Texts Were Not Solicitations, Dismisses Do Not Call Claim

Each election cycle includes at least one cautionary tale about potential pitfalls of political calling. This one was no exception, as the Northern District of Illinois provided a helpful reminder that, depending on their content, political communications could be considered “solicitations” such that certain calling restrictions apply. See Evers v. CampaignSidekick, LLC, No. 24 CV 11067, 2025 WL 2896818 (N.D. Ill. Oct. 10, 2025).

The Plaintiff in Evers sued CampaignSidekick, a vendor that promotes voter outreach. Specifically, the Plaintiff asserted claims about: (1) using a prerecorded voice; and (2) calling numbers that were on the National DNC Registry.

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Another Florida Federal Court Finds Do-Not-Call Regulation Inapplicable to Text Messages

A judge in the Middle District of Florida recently dismissed Do-Not-Call claims under the TCPA, holding that “a text message is not a telephone call.” El Sayed v. Naturopathica Holistic Health, Inc., 2025 WL 2997759, at *2 (M.D. Fla. Oct. 24, 2025).

The court explained that “it is only th[r]ough the rulemaking authority of the FCC that the voice call provisions of the TCPA have been extended to text messages. … However, a District Court is not bound by the FCC’s interpretation of the TCPA.” Id. at 1.

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Third Circuit Reaffirms Narrow Interpretation of TCPA, Holds State Legislators’ Constituent Communications Outside Statute’s Reach

The Third Circuit’s recent decision in Perrong v. Bradford, 2025 WL 2825982 (3d Cir. 2025), serves as an important reminder that the TCPA does not apply to all automated telephone solicitations. In a case of first impression, the Court held that telephone solicitations made by state legislators when performing legitimate legislative functions for the public benefit fall outside the statute’s scope — underscoring that courts continue to interpret the TCPA narrowly and recognize meaningful limits on its application.

The plaintiff received five prerecorded calls sent by the Legislative Communications Office of the House Democratic Caucus on behalf of Pennsylvania Representative Matthew Bradford. After discovery, the district court denied Bradford’s motion for summary judgment, rejecting his argument that the TCPA did not apply to his conduct and his alternative claims of qualified and Eleventh Amendment immunity. The Third Circuit reviewed the case under the collateral order doctrine based on the immunity claims.

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