Federal Court Rules Unwanted Text Messages Violate the TCPA's Do-Not-Call Protections
A federal judge has ruled that an unwanted marketing text message is a "call" under the Telephone Consumer Protection Act (TCPA), meaning consumers on the National Do Not Call Registry can sue over spam texts, not just phone calls. Judge Timothy J. Savage denied the defendant car dealership's motion to dismiss in Pero v. Brown-Daub Chevrolet of Nazareth, No. 25-7016 (E.D. Pa. June 17, 2026).
The plaintiff, Catherine Pero, registered her cell phone number on the Do Not Call Registry in 2021. According to the complaint, after she asked the dealership to stop texting her, an employee overrode her opt-out request, and she received eight unwanted marketing texts. The dealership argued that Section 227(c) of the TCPA regulates telephone calls, not text messages.
Why this ruling matters for consumers
The court rejected that argument, examining the statute's ordinary meaning and the Federal Communications Commission's longstanding interpretation that the Do Not Call rules cover texts. Notably, the judge reached this conclusion using independent statutory interpretation after the Supreme Court ended Chevron deference in Loper Bright, aligning with six federal circuits and a growing number of district courts:
Considering the statutory language, the FCC regulations, and the decisions of an overwhelming majority of courts, we hold that a text message is a call for purposes of 47 U.S.C. ยง 227(c).
As telemarketers increasingly shift from calls to SMS, this decision confirms that registering on the Do Not Call list protects consumers from unwanted marketing texts as well. The TCPA allows statutory damages of $500 per violation, which a court may increase to $1,500 for each willful or knowing violation.
The Wood Law Firm represents consumers in telemarketing and privacy cases, including unwanted robocalls, junk faxes, and illegal text messages. If you have received unsolicited marketing texts after placing your number on the Do Not Call Registry, you can review your options with no obligation online or by telephone.
