Category - "Do-Not-Call Rules"

W.D. Texas Dismisses TCPA Claims at Pleading Stage for Failure to Adequately Allege Vicarious Liability

A federal court in Texas recently granted a motion to dismiss TCPA claims where the plaintiff failed to plausibly allege that unidentified third-party telemarketers were acting as agents of the defendant, a question that is more often tested at summary judgment than at the pleading stage.

In Ortega v. Powur, PBC, No. 5:25-cv-0864-JKP, 2026 WL 711813 (W.D. Tex. Mar. 13, 2026), the pro se plaintiff alleged that he received multiple unsolicited telemarketing calls in April 2025 marketing solar products, despite having registered his number with the National Do-Not-Call Registry in 2012 and making repeated requests that the calls stop. When the calls persisted, the plaintiff feigned interest in order to schedule an appointment and identify the caller. During that call, the telemarketer used a fictitious business name and provided a nonexistent website address. The following day, a man identifying himself as Jose Daniel Laveaga called, identified himself as being from Powur, PBC, and stated that the earlier calls had come from Powur’s “marketing team.”

Continue reading “W.D. Texas Dismisses TCPA Claims at Pleading Stage for Failure to Adequately Allege Vicarious Liability”

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.

Continue reading “Ohio Federal Court Rules TCPA’s DNC Provision Doesn’t Permit Text Message Lawsuits”

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).

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

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.

Continue reading “Court Finds Political Texts Were Not Solicitations, Dismisses Do Not Call Claim”

Seventh Circuit Affirms Summary Judgment and Adopts Narrow Interpretation of “Telephone Solicitations”

The Seventh Circuit recently affirmed entry of summary judgment against a TCPA plaintiff and adopted the Eastern District of Wisconsin’s interpretation of the phrase “telephone solicitations.” Hulce v. Zipongo, Inc., — F. 4th —, 2025 WL 829603 (7th Cir. 2025). The Seventh Circuit held that “a ‘telephone solicitation’ requires that the call or message be initiated with the purpose of persuading or urging someone to pay for property, goods, or services.” The Hulce plaintiff could not meet this standard because the services at issue were offered to him free of charge. The decision solidifies an interpretation of “telephone solicitation” that has emerged in various district courts over the past few years.

James Hulce, a Wisconsin resident who received his health care through Medicaid, opted to enroll in Chorus Community Healthcare Plans (CCHP). CCHP, in turn, contracted with Defendant Zipongo, Inc. (d/b/a Foodsmart) to advertise nutritional consultations to its members. The consultations were offered to members at no cost. Hulce alleged that he received approximately twenty calls and text messages from Foodsmart despite his registration on the national do-not-call list and his requests for further communications to cease.

Continue reading “Seventh Circuit Affirms Summary Judgment and Adopts Narrow Interpretation of “Telephone Solicitations””

Missouri Federal Court Dismisses Another TCPA Claim Due to Traceability Issues

A federal judge in the United States District Court for the Eastern District of Missouri recently dismissed a claim alleging multiple violations of the TCPA’s do-not-call regulations upon finding that plaintiffs had failed to sufficiently plead the traceability element of standing. Thompson v. Vintage Stock, Inc., No. 4:23-cv-00042-SRC, 2024 WL 492052 (E.D. Mo. Feb. 8, 2024). This decision follows a similar ruling issued by the same judge just last month in another case involving the same plaintiffs (discussed here).

In the Vintage Stock case, the plaintiffs’ complaint asserted three counts: (1) violation of “the Federal Do Not Call List statute and regulations”; (2) violation of 47 C.F.R. § 64.1200(d); and (3) violation of Missouri’s no-call-list statute, MRS § 407.1098.

Continue reading “Missouri Federal Court Dismisses Another TCPA Claim Due to Traceability Issues”

Eastern District of Missouri Finds Standing Issue with TCPA Cases When Plaintiffs do Not Request to be on Internal Do-Not-Call Lists

The United States District Court for the Eastern District of Missouri recently issued an opinion with significant implications for plaintiffs’ standing to allege violations of the TCPA under Article III.  In the case of Thompson v. Genesco, Inc. (2024 WL 81187), the court addressed the critical question of whether the plaintiff had Article III standing to bring his TCPA claim.

Dennis Thompson filed a lawsuit against Genesco, Inc. in Missouri state court, alleging that Genesco had unlawfully sent him unwanted marketing text messages in violation of the TCPA and its accompanying regulations. Genesco removed the case to federal court, and the court, sua sponte, ordered supplemental briefing to address whether Thompson had Article III standing to maintain his lawsuit.

Continue reading “Eastern District of Missouri Finds Standing Issue with TCPA Cases When Plaintiffs do Not Request to be on Internal Do-Not-Call Lists”

Ninth Circuit Finds That One Text Can Cause Concrete Harm, Remands for Decision Regarding Whether Minors Can Consent

Ever since the Supreme Court confirmed that the TCPA’s autodialer restrictions apply only to devices that generate numbers randomly or sequentially, the plaintiffs’ bar has been digging deep for new theories of liability to fill the void. One example of that is Hall v. Smosh Dot Com, in which the plaintiff posits that minors cannot provide consent for purposes of the TCPA, and as a result that calls to minors with DNC-registered numbers necessarily violate the statute. That theory is hard to square with both tort law (which tells us that minors consent to more intrusive things all the time) and contract law (which tells us that contracts with minors are voidable rather than void). But the Ninth Circuit recently handed Hall a procedural win in the case—albeit one that should end up being Pyrrhic.

The case arises from five text messages sent over the course of seven months. Undeterred by the fact that her teenage son had requested the messages, the Plaintiff filed suit—in a class action, of course—under the TCPA’s DNC provisions. See 47 U.S.C. § 227(c)(5). The trial court dismissed the case for lack of Article III standing, finding that the Plaintiff had failed to allege that she was either the “actual user” of the phone or the “actual recipient” of the messages. The Plaintiff appealed, arguing that she could have Article III standing even if she was neither of those things. The Ninth Circuit has now agreed, reversed the trial court, and remanded for further proceedings consistent with its opinion.

Continue reading “Ninth Circuit Finds That One Text Can Cause Concrete Harm, Remands for Decision Regarding Whether Minors Can Consent”

Texas District Court Rejects “Influence Liability” Workaround to FCC Exemption for Research and Surveys

A recent decision from the U.S. District Court for the Northern District of Texas reaffirms the FCC’s interpretation that calls and text messages regarding consumer surveys and other market research do not qualify as restricted “telephone solicitations” or “telemarketing” under the TCPA or its implementing regulations.  Although the outcome in this case is a positive development, organizations that engage in these types of communications should continue to monitor and assess the state of the law in other jurisdictions.

In Hunsinger v. Dynata LLC, the plaintiff was a serial pro se TCPA litigant whose phone number was registered on the FCC’s national do-not-call list at all relevant times.  No. 22-cv-136-G-BT, 2023 WL 2377481, at *1 (N.D. Tex. Feb. 7, 2023).  Mr. Hunsinger alleged that he received a single call from an unidentified caller asking him to visit Dynata’s website.  Id.  Hunsinger thereafter sent a letter demanding a copy of Dynata’s DNC policy, but Dynata declined and argued that Hunsinger had no legal basis for his demand.  Id.  Hunsinger claimed that he directed Dynata to place his number on its internal DNC list but that he subsequently received a single SMS text message that contained a link to another website affiliated with Dynata.  Id. at *2.

Continue reading “Texas District Court Rejects “Influence Liability” Workaround to FCC Exemption for Research and Surveys”

Conflicting Decisions Illustrate Uncertainty as to Whether TCPA Extends to Text Messages

Two recent District Court opinions highlight an ongoing dispute as to whether the TCPA and its implementing regulations should apply to mobile (cellular) phones and text messages received thereon, as opposed to the more limited application of only traditional residential landlines.

The District Court for the Western District of Missouri recently denied a defendant’s motion to dismiss a TCPA claim, holding, among other things, that 47 C.F.R. § 64.1200(d) broadly applies to text messages just as it applies to telephone calls.  Eagle v. GVG Capital, LLC, No. 22-cv-00638-SRB, 2023 WL 1415615 (W.D. Mo. Jan. 31, 2023).  47 C.F.R. § 64.1200(d) protects consumers from receiving unsolicited telemarketing calls, stating that no person or entity may make such calls to a residential telephone subscriber unless procedures are put in place to maintain a list of those who request not to be contacted that meet a set of minimum standards.  See 47 C.F.R. § 64.1200(d).

In Eagle, the plaintiff sued Defendant GVG Capital, LLC, a marketing and lead generation company, on behalf of herself and three classes alleging multiple TCPA violations, including the delivery of solicitation text messages to the class despite their telephone numbers being on the National Do Not Call Registry (NDNCR) and alleging that those text messages did not include the sending defendant’s contact information.  The plaintiff alleged that she uses her cellphone as her residential telephone number and had it registered with the NDNCR in 2012.  In 2022, she began receiving text messages from a series of numbers asking if she was interested in selling her home and directing her to a real estate website, and plaintiff alleged that these messages did not contain the required contact information and disclosures prescribed by the TCPA.

Continue reading “Conflicting Decisions Illustrate Uncertainty as to Whether TCPA Extends to Text Messages”