Does the new Colorado ruling mean texting is exempt from TCPA rules?

No. The Brown v. Hursh Group ruling only addresses whether texts count as telephone calls under the TCPA's do-not-call provisions. It is the second such ruling in D. Colorado in five days, following the Radvansky decision.

What is the FCC proposing for the Robocall Mitigation Database?

The FCC has proposed a major expansion of the Robocall Mitigation Database, per JDSupra. Specific provisions were not detailed in the source report.

Wednesday, September 30, 2026

Second Colorado Ruling Says Texts Aren't TCPA "Calls", FCC Eyes Robocall Database Overhaul

A federal judge in Colorado ruled for the second time in five days that text messages don't count as telephone calls under the TCPA's do-not-call provisions. Separately, the FCC proposed a major expansion of its robocall mitigation database.

1Lookup Signal Report

Undeliverable email hit 15.6% of checks on 1Lookup today

Across 1,472 checks run on the 1Lookup platform on 2026-09-30, 15.6% came back undeliverable, up 13.3 points from the trailing seven-day average of 2.3%. Deliverable checks ran at 83.2%, down 8.9 points from the trailing seven-day average of 92.1%.

Email deliverability

1,472 checks

deliverable83.2%
undeliverable15.6%

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. Colorado rules again that texts are not "telephone calls" under the TCPA's DNC provision
In Brown v. Hursh Group, LLC, 2026 WL 2906613 (D. Colo. Sept. 28, 2026), a judge in D. Colorado held that text messages are not "telephone calls" under the TCPA's do-not-call provisions. The ruling comes just five days after the Radvansky decision reached the same conclusion in the same district.
Why it matters: Two rulings from the same district in one week narrow how DNC-based TCPA claims apply to text campaigns, which matters directly for any business texting prospects from a purchased or scraped list.
- TCPAWorld
02
FCC proposes major expansion of the Robocall Mitigation Database
The FCC has proposed a major expansion of the Robocall Mitigation Database, according to JDSupra.
Why it matters: Any expansion of the mitigation database affects which carriers and originators are tracked, which touches call completion and labeling for outbound campaigns.
- JDSupra

Questions people asked today

Does the new Colorado ruling mean texting is exempt from TCPA rules?: No. The Brown v. Hursh Group ruling only addresses whether texts count as telephone calls under the TCPA's do-not-call provisions. It is the second such ruling in D. Colorado in five days, following the Radvansky decision.
What is the FCC proposing for the Robocall Mitigation Database?: The FCC has proposed a major expansion of the Robocall Mitigation Database, per JDSupra. Specific provisions were not detailed in the source report.
How much email went undeliverable on 1Lookup today?: Across 1,472 checks run on the 1Lookup platform on 2026-09-30, 15.6% came back undeliverable, up 13.3 points from the trailing seven-day average of 2.3%.

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?

Second Colorado Ruling Says Texts Aren't TCPA "Calls", FCC Eyes Robocall Database Overhaul

D. Colorado rules again that texts are not "telephone calls" under the TCPA's DNC provision

FCC proposes major expansion of the Robocall Mitigation Database

Questions people asked today

Check your own numbers against this