MESSY BUT GOOD: Texas Court Holds TCPA Does not Apply to Text Messages… Sort of - The National Law Review
A Texas court ruled that the TCPA does not apply to text messages in a specific case, creating a split with other courts. This may reduce compliance burden for SMS marketers in Texas but increases legal uncertainty nationally.
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 Medium urgency. SMS marketers, lead generators, and contact centers operating in Texas or using Texas law as a defense should confirm how it applies to their specific situation before acting. There is a time constraint attached: Ongoing; no immediate deadline but should be factored into compliance strategy within 30 days. 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 Texas court held that text messages are not 'calls' under the TCPA, potentially exempting them from consent requirements in that jurisdiction
Who it affects
SMS marketers, lead generators, and contact centers operating in Texas or using Texas law as a defense
What you must do
Review current SMS compliance practices and assess whether to rely on this ruling; monitor for appeals or conflicting decisions
Deadline
Ongoing; no immediate deadline but should be factored into compliance strategy within 30 days
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