On January 15, 2026, the United States District Court for the Southern District of Florida issued an order staying discovery in a Telephone Consumer Protection Act (TCPA) class action lawsuit. The case centers on allegations that the defendant sent automated text messages in violation of the TCPA and related regulations. The defendant’s motion to dismiss raises fundamental questions about the scope of private rights of action under the TCPA, particularly whether recipients of text messages are covered.
Scope of TCPA Liability for Text Messages
The defendant argues that the TCPA’s private right of action under § 227(c)(5) applies only to recipients of “telephone calls,” not text messages. The court noted that recent amendments to the TCPA have expanded certain provisions to include text messages, but it remains unclear whether this expansion applies to § 227(c)(5). The resolution of this issue could significantly impact the potential liability of businesses that use automated messaging for marketing or customer engagement.
Judicial Interpretation vs. Agency Deference
Plaintiff urged the court to defer to the FCC’s interpretation of the statute, citing congressional delegation of regulatory authority. However, the court declined to do so, referencing recent Supreme Court precedent (Loper Bright Enterprises v. Raimondo) that limits judicial deference to agency interpretations of statutory ambiguities. The court emphasized that it would resolve the statutory ambiguity itself, rather than relying on the agency’s view.
Discovery Stayed Pending Dispositive Motion
The court agreed with the defendant that the motion to dismiss could resolve the entire case and cited Eleventh Circuit authority discouraging discovery before dispositive motions are decided. Both the question of whether text messages are covered and whether the plaintiff properly pled liability are legal issues that do not require discovery. As a result, all discovery is stayed until the motion to dismiss is resolved.
