By: Jeffrey Backman, Esq. and Roy Taub, Esq.
A recent decision from the Eastern District of Pennsylvania offers timely guidance for anyone sending marketing texts. In a case brought by plaintiff Jourey Newell against Children’s Dental Health Associates, the court held that unsolicited text messages can be treated as “telephone calls” under the Telephone Consumer Protection Act (TCPA), allowing Newell’s claim for damages to proceed.
The court applied ordinary statutory interpretation and the TCPA’s consumer-protection purpose to reach its conclusion that “telephone calls” encompass text messages, which, according to the court, harmonizes the statute’s structure and avoids what the court contends would be an irrational split where some subsections cover texts and others do not. Even though not binding, it also found persuasive the FCC’s longstanding view that the TCPA’s restrictions apply to both voice and text communications, including do-not-call rules, while emphasizing that courts are not bound to defer to the agency but may accord appropriate respect.
Broader Impact
The ruling aligns with a growing split of authority as to whether texts qualify as “telephone calls” under the TCPA’s do-not-call framework.
As texting remains a dominant communication channel, expect more cases to refine the line between lawful and unlawful solicitation—and ensure your compliance program keeps pace.
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