Can a text asking for permission to text count as TCPA marketing?

Yes, according to a court ruling this week. A car dealership's text asking 'May I communicate with you via text?' was held to potentially constitute a solicitation under the TCPA because the context showed the underlying intent was to sell a car.

What would Florida's new anti-spam bill change about text opt-out rules?

The proposed Florida Anti-Spam Communications Act seeks faster text opt-outs than what's currently allowed. This raises unresolved questions about how it will interact with the existing 15-day opt-out window.

Where can consumers find the FCC's new robocall blocking guides?

The FCC posted five step-by-step instruction cards at fcc.gov/blockit on Tuesday, covering device settings for Apple iPhones and Google Android phones plus three cards on tools offered by the largest wireless carriers.

What happened to the $140 million FCRA verdict over online credit pulls?

An appeals court tossed the $140 million verdict, which had been based on online credit pulls, according to AccountsRecovery.net's September 23 daily digest.

Thursday, September 24, 2026

Court Says a Text Asking to Text May Count as TCPA Marketing

A court ruled that a car dealership's text asking a consumer if it could text them may itself count as TCPA marketing, depending on context. The same day, Florida's proposed anti-spam bill raised questions about opt-out timing, the FCC published consumer guides for blocking robocalls, and an appeals court threw out a $140 million FCRA verdict.

1Lookup Signal Report

70.9% of numbers checked on 1Lookup came back mobile, down 9.4 points from the seven-day average

Across 1,893 checks run on the 1Lookup platform on 2026-09-24, 70.9% came back mobile, down 9.4 points from the trailing seven-day average of 80.3%. Phone status active rates and email deliverability both moved down as well, with undeliverable email up 4.2 points to 6.7%, the kind of shift that raises the odds of wasted outreach on a day when courts are also scrutinizing what counts as consent.

Phone line types

1,893 checks

mobile70.9%
other line types29.1%

Phone number status

1,893 checks

active87.4%
other line types12.6%

Email deliverability

1,577 checks

deliverable82.1%
undeliverable6.7%
other line types11.2%

Measured across every completed lookup on the 1Lookup platform for this UTC day. Aggregate only: no customer, organisation or lookup input is published, and any bucket too thin to be anonymous is withheld.

01
Court holds a car dealer's text asking 'May I communicate with you via text?' may count as TCPA marketing
A court held that a message asking a consumer 'May I communicate with you via text?' may constitute a solicitation under the TCPA, where the context of the message suggested the intent was to sell the consumer a car.
Why it matters: If the underlying purpose of a message is a sale, even a plain opt-in confirmation text can be treated as marketing. Anyone texting prospects to confirm consent should look at what the surrounding conversation was actually about, not just the wording of that one message.
- TCPAWorld
02
Proposed Florida Anti-Spam Communications Act would speed up text opt-outs, but raises questions about the 15-day rule
Florida's Attorney General announced the proposed Anti-Spam Communications Act on September 17, targeting impersonation scams, fake warrants, and undisclosed AI voices used to obtain information. A follow-up piece flags that the bill seeks faster text opt-outs, raising open questions about how it interacts with the existing 15-day opt-out window.
Why it matters: Businesses texting Florida consumers may soon face a shorter opt-out compliance window than the 15 days currently allowed. Anyone running Florida text campaigns should watch how the bill resolves that conflict before it becomes law.
- TCPAWorld
03
FCC publishes step-by-step consumer guides for blocking robocalls and robotexts
The FCC released step-by-step consumer guides on Tuesday for turning on robocall and robotext blocking and filtering tools built into smartphones and offered by the largest wireless carriers. The guides, posted at fcc.gov/blockit, consist of five instruction cards: two covering device settings on Apple iPhones and Google Android phones, and three covering carrier-level tools.
Why it matters: More consumers actively enabling blocking and filtering tools means legitimate outbound calls and texts face a higher chance of being screened or flagged, even when compliant. Callers should expect blocking rates to climb as awareness of these guides spreads.
- AccountsRecovery.net
04
Appeals court tosses $140 million FCRA verdict over online credit pulls
An appeals court threw out a $140 million FCRA verdict that had been based on online credit pulls. The same digest notes a collection law firm lost its bid to narrow damages after an appeals court remand, 14 state AGs said disparate-impact liability still stands as federal agencies retreat, and financial trade groups backed the FCC's robocall scorecard while pushing for outcome-based metrics.
Why it matters: A $140 million verdict getting reversed shows large FCRA damages awards can still be unwound on appeal, which matters for any business relying on credit data pulls as part of its outreach or underwriting process.
- AccountsRecovery.net
05
Alabama court grants USHealth's motion to dismiss for lack of personal jurisdiction
A federal court in Alabama granted USHealth's motion to dismiss a TCPA case for lack of personal jurisdiction. The case involved a parent company being sued alongside a subsidiary that plaintiffs argued had made the actual calls.
Why it matters: Parent companies are not automatically on the hook for a subsidiary's calling activity just because they share a name or ownership structure. Businesses with related corporate entities making calls should keep that separation clear in how campaigns are run and documented.
- TCPAWorld
06
TCPA and CIPA defense attorney argues Hollywood consent disputes now follow the same playbook as telecom cases
A TCPAWorld piece from an attorney who defends companies against TCPA and CIPA claims argues that consent disputes now playing out around Hollywood recordings mirror the same core question telecom defense has litigated for years: did the person actually agree to be contacted or recorded in that way.
Why it matters: The framing shows how consent-based legal fights are spreading beyond telecom into other industries, which signals that courts are treating the underlying consent question with the same scrutiny regardless of the channel.
- TCPAWorld

Questions people asked today

Can a text asking for permission to text count as TCPA marketing?: Yes, according to a court ruling this week. A car dealership's text asking 'May I communicate with you via text?' was held to potentially constitute a solicitation under the TCPA because the context showed the underlying intent was to sell a car.
What would Florida's new anti-spam bill change about text opt-out rules?: The proposed Florida Anti-Spam Communications Act seeks faster text opt-outs than what's currently allowed. This raises unresolved questions about how it will interact with the existing 15-day opt-out window.
Where can consumers find the FCC's new robocall blocking guides?: The FCC posted five step-by-step instruction cards at fcc.gov/blockit on Tuesday, covering device settings for Apple iPhones and Google Android phones plus three cards on tools offered by the largest wireless carriers.
What happened to the $140 million FCRA verdict over online credit pulls?: An appeals court tossed the $140 million verdict, which had been based on online credit pulls, according to AccountsRecovery.net's September 23 daily digest.

Check your own numbers against this

Why are my calls showing as spam likely? · What share of phone numbers are VOIP? · How many numbers are invalid or disconnected?

Court Says a Text Asking to Text May Count as TCPA Marketing

Court holds a car dealer's text asking 'May I communicate with you via text?' may count as TCPA marketing

Proposed Florida Anti-Spam Communications Act would speed up text opt-outs, but raises questions about the 15-day rule

FCC publishes step-by-step consumer guides for blocking robocalls and robotexts

Appeals court tosses $140 million FCRA verdict over online credit pulls

Alabama court grants USHealth's motion to dismiss for lack of personal jurisdiction

TCPA and CIPA defense attorney argues Hollywood consent disputes now follow the same playbook as telecom cases

Questions people asked today

Check your own numbers against this