National Law Review
6/18/2026

STALEMATE- Another Court Finds Texts Are Calls– But The Map Hasn’t Changed in A While
Short summary
Federal courts remain split on whether text messages qualify as 'calls' under TCPA's Do Not Call rules, creating significant litigation risk for SMS-heavy businesses. Recent cases in Pennsylvania and Texas sided with 'SMS = calls,' but the geographic split hasn't shifted since April—a stalemate where courts in pro-SMS jurisdictions and anti-SMS jurisdictions each maintain their positions. Businesses must monitor their jurisdiction's precedent as regulatory uncertainty persists.
- •Courts split on SMS-as-calls under TCPA DNC rules — no new jurisdictions shifting since April
- •Recent Pennsylvania and Texas rulings sided with SMS=calls, but geographic stalemate persists
- •Businesses using SMS face high litigation risk until Supreme Court or Congress resolves the split
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