CASE DISMISSED: Texas Court Finds 227(b) Did Not Apply to Text Messages - TCPAWorld
A Texas federal court dismissed a TCPA claim, ruling that Section 227(b) of the TCPA does not apply to text messages, only to voice calls. This decision may limit plaintiffs' ability to sue for unsolicited texts under that section, but other TCPA provisions (e.g., 227(c) and the Do Not Call rules) still apply.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on July 6, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Low urgency. SMS marketers, lead generators, and contact centers that send promotional text messages should confirm how it applies to their specific situation before acting. There is a time constraint attached: No immediate deadline; monitor for further developments.. 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
The court held that 227(b) – which restricts autodialed or prerecorded calls – does not cover text messages, potentially reducing liability for unsolicited texts under that specific section.
Who it affects
SMS marketers, lead generators, and contact centers that send promotional text messages
What you must do
Review current SMS compliance programs to ensure they still comply with other TCPA rules (e.g., Do Not Call registry, prior express consent for non-telemarketing texts). No immediate change needed, but monitor for appeals or conflicting rulings.
Deadline
No immediate deadline; monitor for further developments.
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- Tennessee’s New Solicitation Oversight Law - TCPAWorld
- Targeting and Eliminating Unlawful Text Messages; Implementation of the Telephone Consumer Protection Act of 1991
- Trade Regulation Rule on Impersonation of Government and Businesses
- Telemarketing Sales Rule