TEXTS ARE CALLS: W.D. Texas Magistrate Recommends Partial Default Judgment And Modest Damages Under The TCPA’s Do-Not-Call Rules - The National Law Review
A federal magistrate in the Western District of Texas recommended partial default judgment and modest damages under the TCPA's Do-Not-Call rules, explicitly ruling that text messages constitute 'calls' under the TCPA. This reinforces that SMS marketing is subject to the same Do-Not-Call restrictions as voice calls.
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 High urgency. SMS marketers, lead generators, contact centers, and any business sending promotional texts to consumers on the National Do-Not-Call Registry. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Immediately; ongoing compliance required.. 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
The court confirmed that text messages are 'calls' under the TCPA, meaning they must comply with Do-Not-Call rules. This eliminates any ambiguity and increases litigation risk for non-compliant text campaigns.
Who it affects
SMS marketers, lead generators, contact centers, and any business sending promotional texts to consumers on the National Do-Not-Call Registry.
What you must do
Review all SMS marketing lists to ensure they are scrubbed against the National Do-Not-Call Registry and that prior express written consent is obtained for all automated texts.
Deadline
Immediately; ongoing compliance required.
Never miss a change like this again
Aforeworn watches Telemarketing & TCPA Compliance around the clock and alerts you the moment a rule moves — with a plain-English brief on what to do.
Start your free trialRelated changes in Telemarketing & TCPA Compliance
- 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
- Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems; and Quality Reporting Programs; Including the Hospital Outpatient Quality Reporting Program and Ambulatory Surgical Center Quality Program; Request for Information on Strengthening the Standardization and Comparability of Hospital Price Transparency (HPT) Data; Prior Authorization; Accrediting Organization (AO) Deeming for Emergency Medical Treatment and Labor Act (EMTALA); and Notices of Closure of Teaching Hospitals and Opportunities To Apply for Available Slots