Are text messages considered calls under the TCPA's do-not-call rule?

In the District of Colorado, a court ruled in Radvansky v. 1st Class Med. that texts are not calls under Section 227(c), the TCPA's DNC provision. This joins 16 other federal districts and follows the 7th Circuit's position in Steidinger v. Blackstone Med. Servs.

Does this mean texting numbers on the do-not-call registry is safe under the TCPA?

The rulings address only the DNC provision, Section 227(c). TCPA consent requirements for text messages, including ATDS claims, still apply and remain actively litigated, as shown by the ATDS SMS case allowed to proceed to discovery.

What did the FCC publish today related to robocalls?

The FCC released step-by-step 'how-to' guides to help consumers block robocalls and robotexts, according to Broadband Breakfast.

What happened with the TCPA defense lawyer and GenAI?

A TCPA defense lawyer was caught using GenAI for substantive legal work, and a federal judge is likely to issue sanctions, according to TCPAWorld.

Friday, September 25, 2026

Colorado Joins 16 Other Districts Ruling Texts Aren't Calls Under TCPA DNC Rules

A District of Colorado ruling found that text messages are not calls under the TCPA's do-not-call provision, joining 16 other federal districts that now read Section 227(c) the same way. The same week, an ATDS case survived a #BigLaw objection, the FCC published robocall-blocking guides for consumers, and a federal judge is likely to sanction a TCPA defense lawyer caught using GenAI.

1Lookup Signal Report

65.1% of numbers checked on 1Lookup came back mobile on September 25

Across 2,279 checks run on the 1Lookup platform on 2026-09-25, 65.1% came back mobile, down 15.2 points from the trailing seven-day average of 80.3%. Phone number status showed 83.2% active, down 11.9 points from a 95.1% baseline. Email deliverability came in at 85.8%, down 7.6 points from 93.4%.

Phone line types

2,279 checks

mobile65.1%
other line types34.9%

Phone number status

2,279 checks

active83.2%
other line types16.8%

Email deliverability

1,547 checks

deliverable85.8%
other line types14.2%

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
D. Colo. rules text messages are not calls under the TCPA's DNC provision, joining 16 other districts
In Radvansky v. 1st Class Med., No. 1:25-CV-03796 (D. Colo.), the court held that Section 227(c), the TCPA's do-not-call provision, does not apply to text messages. This puts Colorado in the majority of 16 other federal districts that have reached the same conclusion.
Why it matters: If your texts get treated differently from calls under DNC rules, a consumer's do-not-call registration may not block your SMS outreach the way it blocks your dialing campaigns, though other TCPA consent rules for texts still apply.
- TCPAWorld
02
D. Colo. becomes latest court to adopt the 7th Circuit's rule that SMS are not 'telephone calls' for TCPA DNC purposes
District courts in Alabama and North Carolina already adopted the 7th Circuit's position from Steidinger v. Blackstone Med. Servs., 182 F.4th 532 (7th Cir. 2026), that texts are not telephone calls under the TCPA's DNC provision. Radvansky v. 1st Class Med. in the District of Colorado extends that trend.
Why it matters: The 'texts do not equal calls' reading is now described as the new majority rule. That shifts the legal exposure calculus for businesses that text prospects on numbers listed on the national registry the TCPA's DNC provision covers.
- TCPAWorld
03
Court overrules #BigLaw objections and lets an ATDS SMS case proceed to discovery
A court overruled objections from #BigLaw defense counsel and allowed an ATDS claim involving SMS to move forward into discovery. The report notes this fits a pattern where ATDS defendants, particularly in the 9th Circuit where random number generation is required for a viable ATDS claim, keep losing early motions.
Why it matters: If ATDS claims keep clearing early motions and reaching discovery, businesses using autodialing or bulk texting systems face longer, costlier litigation exposure before they get any chance at dismissal.
- TCPAWorld
04
FCC releases step-by-step 'how-to' guides for blocking robocalls
The FCC published accessible, step-by-step instructions aimed at helping consumers block automated spam calls.
Why it matters: More consumers actively blocking robocalls means legitimate outbound calls risk getting caught in the same filters, making accurate line-type and status data more important before dialing.
- Broadband Breakfast
05
Federal judge likely to sanction a TCPA defense lawyer caught using GenAI
A TCPA defense lawyer was caught using GenAI for substantive legal work, and a federal judge is likely to issue sanctions. The report contrasts this with Troutman Amin, LLP, the first firm in the nation to ban GenAI use for substantive legal work 18 months ago.
Why it matters: Sanctions risk for GenAI-generated filings signals that courts are scrutinizing defense work product closely in TCPA cases, a factor that affects the reliability of legal defenses businesses rely on when facing TCPA claims.
- TCPAWorld

Questions people asked today

Are text messages considered calls under the TCPA's do-not-call rule?: In the District of Colorado, a court ruled in Radvansky v. 1st Class Med. that texts are not calls under Section 227(c), the TCPA's DNC provision. This joins 16 other federal districts and follows the 7th Circuit's position in Steidinger v. Blackstone Med. Servs.
Does this mean texting numbers on the do-not-call registry is safe under the TCPA?: The rulings address only the DNC provision, Section 227(c). TCPA consent requirements for text messages, including ATDS claims, still apply and remain actively litigated, as shown by the ATDS SMS case allowed to proceed to discovery.
What did the FCC publish today related to robocalls?: The FCC released step-by-step 'how-to' guides to help consumers block robocalls and robotexts, according to Broadband Breakfast.
What happened with the TCPA defense lawyer and GenAI?: A TCPA defense lawyer was caught using GenAI for substantive legal work, and a federal judge is likely to issue sanctions, according to TCPAWorld.

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?

Colorado Joins 16 Other Districts Ruling Texts Aren't Calls Under TCPA DNC Rules

D. Colo. rules text messages are not calls under the TCPA's DNC provision, joining 16 other districts

D. Colo. becomes latest court to adopt the 7th Circuit's rule that SMS are not 'telephone calls' for TCPA DNC purposes

Court overrules #BigLaw objections and lets an ATDS SMS case proceed to discovery

FCC releases step-by-step 'how-to' guides for blocking robocalls

Federal judge likely to sanction a TCPA defense lawyer caught using GenAI

Questions people asked today

Check your own numbers against this