Judge Jorge L. Alonso, in the Northern District of Illinois, denied a motion to dismiss in a case alleging violations of the Telephone Consumer Protection Act (TCPA), holding that the statute’s private right of action under 47 U.S.C. § 227(c)(5) applies to unsolicited text messages sent to numbers listed on the national do-not-call registry.
TCPA Coverage Extends to Text Messages
The central issue was whether the TCPA’s protections against unwanted “telephone calls” to do-not-call numbers also apply to text messages. The court concluded that the term “telephone call” in § 227(c) encompasses text messages, relying on the statute’s language, legislative purpose, and regulatory guidance. The decision noted that while the TCPA was enacted before text messaging became widespread, the ordinary meaning of “call” includes attempts to communicate via telephone, which now commonly includes text messages.
Alignment with FCC Guidance and Judicial Precedent
The court’s interpretation is consistent with Federal Communications Commission (FCC) guidance, which has stated that both voice calls and text messages are covered by the TCPA’s do-not-call provisions. The decision also aligns with prior rulings from other federal courts, reinforcing a growing consensus that unsolicited promotional texts to registered numbers may trigger liability under the TCPA.
Sufficiency of Allegations
The court found that the plaintiff’s complaint plausibly alleged that the defendant either sent the messages directly or was responsible for them being sent on its behalf. Screenshots and message content identifying the defendant and promoting its offerings were sufficient to survive a motion to dismiss.
Mujahid v. Newity, LLC, No. 25 C 8012, 2025 WL 3140725 (N.D. Ill. Nov. 10, 2025).
