The Latest Twist in the SMS vs. TCPA Battle

An Overview

A few weeks ago, we noted that courts were split down the middle on a key TCPA question. Three courts said SMS messages fall under the TCPA’s Do Not Call (DNC) rules. Three courts said they don’t. It was a stalemate that left businesses unsure how to move forward.

That tie has now been broken.

In Mujahid v. Newity, 2025 WL 3140725 (N.D. Ill. Nov. 10, 2025), the Northern District of Illinois sided firmly with the view that text messages count as “calls” under the TCPA. The judge refused to dismiss the case and laid out several reasons why SMS should be treated the same as traditional phone calls.

Reasoning Overview

The court’s reasoning came down to five main ideas:

• Common definitions support it. The court cited earlier decisions that examined how dictionaries define a “call.” Those definitions focus on reaching someone through a telephone. Because text messages use a phone number and rely on phone networks, the court said they fit naturally within that meaning.
• The statute uses the term consistently. Another part of the TCPA already treats texts as calls. The court reasoned that Congress would not use the same word in two sections only to give it different meanings. So if texts count as calls in one place, they should count in the DNC section as well.
• The purpose of the TCPA points in the same direction. The law was created to limit unwanted or disruptive communications. The court noted that text messages can cause the same irritation and privacy concerns as unwanted calls, so including them aligns with the law’s overall intent.
• FCC guidance supports this view. For years, the FCC has treated text messages as calls under the TCPA. While courts do not have to follow the FCC’s lead, the agency’s position adds weight to the conclusion.
• Most legal authority now leans this way. The court observed that a growing number of cases treat text messages as covered, making this interpretation consistent with the broader legal trend.

The result: the balance has shifted. With this decision, the side arguing that SMS messages fall under the TCPA’s DNC rules now has the upper hand. Unless the Supreme Court or the FCC provides a definitive answer, more courts may follow this direction.

Understanding the TCPA: A Quick Refresher

The Telephone Consumer Protection Act is a U.S. federal law created to protect consumers from unwanted calls and messages. It was introduced in 1991 when robocalls became a rising concern across the country. The act set strict rules for how businesses could contact people for marketing purposes. These rules apply to phone calls, prerecorded messages, and text messages sent without permission. The law continues to shape communication practices in modern digital marketing. It remains one of the strongest consumer protection laws in the industry.

Today, the TCPA plays a major role in SMS marketing. Brands cannot send promotional texts without clear consent from each subscriber. They must also provide an easy opt-out method in every message they send. Violations can lead to heavy penalties and even class-action lawsuits. These risks push businesses to adopt careful compliance habits. The TCPA therefore acts as a balance between effective marketing and responsible outreach.

What Triggered the Latest Legal Twist?

The latest twist in the SMS vs. TCPA debate comes from a recent legal development. A new ruling or lawsuit has challenged how the law should apply to modern messaging systems. This update has caused fresh debate among carriers, platforms, and marketers. Many believe the decision could reshape compliance requirements. Others think it will create new confusion in the already complex regulatory environment. The industry is now watching closely to see how this plays out.

This new development questions how technology is interpreted under the original rules. SMS platforms today rely on advanced automation tools that did not exist in 1991. Courts are now examining whether these systems fall under the same restrictions as traditional autodialers. The case has sparked conversations about how the TCPA must evolve. It has also raised concerns about the future of large-scale text marketing.

How Courts Are Currently Interpreting “Autodialers”

The definition of an autodialer has changed significantly since the Facebook v. Duguid ruling. That decision narrowed the meaning to systems that randomly or sequentially generate phone numbers. Many modern SMS platforms do not use this technology. They rely on stored contact lists built through permission-based systems. This shift reduced the number of businesses that fall under the autodialer definition. It also led to fewer TCPA claims based on dialing technology alone.

Despite this clarity, courts still face challenges when reviewing newer systems. Some cases argue that automated workflows act like autodialers even without generating numbers. Others claim that these tools do not fit the legal definition at all. This inconsistency has created mixed interpretations across different courts. The debate continues to grow as SMS technology becomes more advanced.

The Role of Consent: What Counts as Valid Opt-In Now

Recent decisions have placed stronger emphasis on clear and verifiable consent. Brands must ensure that every subscriber gives explicit permission before receiving texts. Web forms must clearly state that signing up includes receiving marketing messages. Hidden or unclear disclosures can lead to legal issues. Checkboxes must not be pre-ticked and should require active user confirmation. Each business must also keep accurate records of these opt-ins.

Record-keeping has become especially important after several recent lawsuits. Companies must prove that each subscriber knowingly agreed to receive their messages. Storing timestamps, IP addresses, and consent language helps create legal protection. Without proper records, defending a TCPA claim becomes extremely difficult. This makes transparent and audited consent practices essential.

How the Ruling Impacts SMS Platforms and Marketers

The latest ruling increases the pressure on SMS platforms to update their compliance tools. Many providers are now refining their consent tracking systems. Some are adding automated quiet-hour protections or real-time opt-out syncing. These features help reduce the risk of accidental violations. Marketers may also face new verification steps before launching campaigns. The updates aim to protect both businesses and consumers during high-volume periods.

Small businesses may feel the impact more strongly. They might need to adjust their signup processes or rewrite their disclosures. Some may also face higher compliance costs depending on their SMS provider. These changes can affect how quickly campaigns go live. The industry is adapting to ensure safer communication practices. This shift highlights the growing importance of compliance-first marketing.

Rising TCPA Lawsuits: Trends Marketers Should Watch

TCPA lawsuits continue to rise, especially during peak marketing seasons. Many claims involve unclear consent language or hidden subscription terms. Others focus on outdated contact lists that were never fully verified. A growing number of cases target businesses that send messages during quiet hours. These trends show that courts are taking consumer protection seriously. Marketers must stay alert to avoid falling into high-risk patterns.

Newer lawsuits often target companies using advanced automation tools. Plaintiffs argue that these systems behave like autodialers under certain conditions. This creates uncertainty for businesses relying on automated workflows. The trend also suggests that plaintiffs’ attorneys are exploring new angles. Companies must monitor these developments to stay ahead of potential risks.

What This Means for Consumer Privacy and Protection

These evolving interpretations of the TCPA strengthen consumer control over communications. People now have clearer rights regarding consent and message frequency. The emphasis on transparency ensures they are not misled during signups. Stricter rules also protect them from intrusive or unwanted texts. This is especially important during seasons when marketing volume increases. Consumers benefit from safer and more respectful digital communication.

However, some experts believe the law needs modernization. They argue that outdated definitions may limit legitimate business messaging. This can slow innovation and create inconsistent standards. Still, consumer privacy remains the central priority of the TCPA. The new interpretations show courts’ commitment to maintaining that protection. The challenge is finding balance in an evolving technological landscape.

Compliance Strategies to Stay Safe Moving Forward

Brands can reduce risk by implementing strong compliance habits. Double opt-in is one of the safest methods to verify consent. It confirms that each subscriber wants to receive messages. Clear disclosures on signup pages help create transparency. Quiet-hour protections prevent accidental violations during restricted times. Maintaining accurate consent logs strengthens legal defense. Each step helps reduce exposure to potential lawsuits.

Easy opt-out options are also essential for safe SMS marketing. Every message should include a clear way for customers to unsubscribe. Opt-out requests must be processed instantly without delay. Automated systems can help maintain accuracy and compliance. Regular audits of subscriber lists prevent outdated or invalid contacts. Together, these strategies build a safer and more reliable messaging environment.

Final Takeaway: Navigating a Shifting Compliance Environment

The SMS landscape is evolving quickly, and the latest legal developments prove how important compliance has become. Businesses must stay informed about new rulings, shifting definitions, and changing standards that affect messaging practices. Staying updated helps avoid costly mistakes and supports smarter long-term planning. The brands that keep learning and adapting will be better equipped to handle regulatory uncertainty. Awareness is now a crucial part of every successful SMS strategy.

Compliance is no longer optional or secondary. It must sit at the center of every campaign and customer interaction. Clear consent, transparent signups, and reliable opt-out options protect both consumers and businesses. These practices build trust at a time when customers expect more control over their digital experiences. They also help prevent legal issues during seasons when message volume grows. Strong compliance habits create a solid foundation for sustainable marketing.

Ultimately, brands that prioritize consumer-friendly communication will thrive. Respectful messaging strengthens customer relationships and boosts engagement over time. Transparent practices help businesses maintain credibility even as regulations shift. The companies that embrace compliance as an opportunity—not a burden—will lead the way in modern SMS marketing. A proactive approach ensures safety, trust, and success in a changing regulatory environment.