A recent decision from the United States District Court for the Southern District of Texas addressed whether the Telephone Consumer Protection Act (TCPA) prohibition on “telephone calls” to numbers on the National Do-Not-Call Registry extends to text messages. The court found that, under both the statute’s language and context, text messages are considered “telephone calls” for purposes of TCPA liability.
Text Messages Are Covered by the TCPA’s Do-Not-Call Provisions
The court’s analysis focused on the meaning of “telephone call” in the TCPA, particularly in light of technological changes since the statute’s enactment in 1991. Although the term “text message” was not in common use at the time, the court found that the broad, original meaning of “call”—to get or try to get into communication by telephone—encompasses text messages sent to wireless numbers. The court reasoned that statutory terms may embrace later technological innovations, and that the function of modern telephones includes both voice and text communications.
The decision also noted that the Federal Communications Commission (FCC) and courts have long interpreted “calls” under the TCPA to include text messages, and that Congress has ratified this interpretation in related legislation.
Limits on Injunctive Relief
While the court allowed plaintiff’s claim for damages to proceed, it dismissed the request for injunctive relief. The court found that plaintiff had not presented sufficient evidence of a substantial likelihood of future harm—such as ongoing or imminent future text messages—to justify an injunction.
DAVID ALVAREZ, v. FIESTA NISSAN, INC., No. 7:25-CV-00343, 2026 WL 202930 (S.D. Tex. Jan. 26, 2026).
