By: Jeffrey Backman, Esq. and Roy Taub, Esq.
Another federal court has held that “telephone calls” include text messages under the TCPAs’ do-not-call rules, meaning that this district court believes that the do-not-call protections apply to marketing texts, too, further deepening the conflict on this issue among district courts nationwide. In Mujahid v. Newity, LLC, the court denied a motion to dismiss a TCPA do-not-call claim where the plaintiff alleged at least two promotional texts identifying the sender and linking to the sender’s offerings, despite the number being on the national do-not-call registry.
The court grounded its holding in statutory text and context, noting the ordinary meaning of “call,” the supposed statute-wide usage equating texts with calls in § 227(b), and Congress’s privacy-focused purpose that the court did not believe is dependent upon whether a message is oral or written. It also found the interpretation consistent with FCC guidance and other district court authority recognizing texts as “calls” for § 227(c) purposes, while acknowledging contrary district decisions that limit § 227(c) to only telephone calls.
The decision adds to an acknowledged split among district courts, with some rejecting § 227(c) coverage for texts and others embracing it explicitly or implicitly.
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