MESSY BUT GOOD: Texas Court Holds TCPA Does not Apply to Text Messages… Sort of - The National Law Review
A Texas court ruled that the TCPA does not apply to text messages because texts are not 'calls' under the statute, but the decision is limited and may conflict with FCC guidance.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on July 6, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Low urgency. SMS marketers, contact centers, lead-gen/affiliates should confirm how it applies to their specific situation before acting. There is a time constraint attached: No immediate deadline; reassess if appellate decisions or FCC guidance changes.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Telemarketing & TCPA Compliance continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
A Texas district court held that text messages are not 'calls' under the TCPA, potentially exempting them from consent requirements, but this is a single district court decision and not binding nationwide.
Who it affects
SMS marketers, contact centers, lead-gen/affiliates
What you must do
Monitor for appeals or conflicting rulings; do not change compliance practices yet.
Deadline
No immediate deadline; reassess if appellate decisions or FCC guidance changes.
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- Elimination of the One-to-One Consent Rule Gives Companies Reprieve, Plus Other TCPA Updates - McGuireWoods
- FCC Extends Waiver That Would Require Callers To Apply a Revocation of Consent to All ‘Robocalls or Robotexts’ from the Caller - JD Supra
- WRITTEN CONSENT?: New Fifth Circuit Decision Says Congress Never Required It in the First Place! - TCPAWorld
- The Fifth Circuit Says You Can’t Write “Written” into the TCPA - The National Law Review
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