Court Ruled SMS Not Covered Under TCPA

The Southern District of Florida determined that text messages do not constitute telephone calls under federal law.

Updated on Oct. 14, 2026 in Law

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Should federal telemarketing regulations be updated to classify text messages as regulated telephone calls?

On September 18, 2026, the Southern District of Florida ruled that SMS messages are not telephone calls under the Telephone Consumer Protection Act. This decision aligns with the majority rule regarding do-not-call requirements.

Why it matters

The ruling identifies a statutory gap between the broad definition of telephone solicitation and the narrower term of telephone calls. It clarifies the legal scope of consumer protections intended by Congress in 1991.

The ruling in Phillips v. GJD Stars, Inc. interprets federal statutes dating back to 1991. It remains to be seen if higher courts will adopt this narrow definition nationwide.

The players

Southern District of Florida

This federal court holds jurisdiction over cases within the southern region of Florida.

Phillips v. GJD Stars, Inc.

This specific legal case established the precedent regarding the classification of SMS under the Telephone Consumer Protection Act.

The details

The court focused on the specific language of the TCPA, distinguishing between the broader concept of telephone solicitation and the restricted definition of telephone calls. By applying the majority rule, the court prioritized an interpretation of Congressional intent that excludes text-based communication from certain do-not-call provisions.

Congressional enactment of TCPA provisions occurred in 1991.
The Southern District of Florida issued the ruling on September 18, 2026.

Political Context

Opponents of this interpretation argue that the Telephone Consumer Protection Act should evolve alongside technology to protect consumers from all forms of automated solicitation. Advocacy groups contend that excluding SMS creates a loophole that undermines the original intent of the 1991 legislation.

This decision limits the scope of legal actions consumers can take against text-based solicitation under the TCPA. It signifies that federal do-not-call regulations may not apply to text messages in the same way they govern voice calls.

The takeaway

This ruling establishes a significant legal distinction between text messaging and voice-based communication under federal law. Consumers should remain aware that legal protections against unwanted contact may vary depending on the communication method used.