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.

The court further adopted the opinion of Judge Winser in the Northern District of Florida issued a month earlier. Id. at 2. Both Florida decisions align with a recent ruling by a federal court in Illinois.

The outcome and pace of these decisions demonstrate that the TCPA litigation landscape — particularly in the wake of McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. 146 (2025), and Loper Bright Enters. v. Raimondo, 603 U.S. 369 (2024) — is continuing to rapidly evolve.

About the Author: Michael P. Daly

Mike Daly has spent two decades defending, counseling and championing clients that interact with consumers. His practice focuses on defending class actions, handling critical motions and appeals, and maximizing the defensibility of marketing and enforceability of contracts. Clients large and small have trusted him to protect their businesses, budgets and brands in complex cases across the country.

About the Author: Emanuel L. McMiller

Emanuel (Manny) McMiller helps companies resolve and manage disputes in litigation, partnering with clients to achieve their goals and avoid disruption.