ANOTHER COURT HOLDS SMS NOT CALLS!- W.D Missouri Court Joins New Majority In Holding SMS Are Not “Telephone Calls” For TCPA DNC Purposes - The National Law Review
A federal court in the Western District of Missouri has ruled that SMS text messages are not 'telephone calls' under the TCPA's Do Not Call provisions, aligning with a growing majority of courts. This reduces TCPA litigation risk for SMS marketers, but the ruling is not binding nationwide and may be appealed.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on August 26, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Medium urgency. SMS marketers, lead generators, contact centers, and any business sending SMS for marketing or debt collection. should confirm how it applies to their specific situation before acting. There is a time constraint attached: No immediate deadline; monitor legal developments and adjust practices if appellate courts or the FCC rule otherwise.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Telemarketing & TCPA Compliance continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
A court has held that SMS messages are not 'telephone calls' for TCPA Do Not Call purposes, meaning such messages may not be subject to the same Do Not Call restrictions as voice calls.
Who it affects
SMS marketers, lead generators, contact centers, and any business sending SMS for marketing or debt collection.
What you must do
Review current SMS marketing practices to ensure compliance with other TCPA requirements (e.g., prior express consent, opt-out mechanisms) and monitor for appeals or conflicting rulings in your jurisdiction.
Deadline
No immediate deadline; monitor legal developments and adjust practices if appellate courts or the FCC rule otherwise.
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