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Thursday, October 8, 2026

Bill Seeks to Revive TCPA Written Consent Rule as NY Judge Allows SMS Case Discovery

Congress introduced the Stop Spam Calls Act on September 24, directing the FCC to redefine prior express written consent under the TCPA. Separately, a New York magistrate judge refused to stay discovery in a TCPA SMS class action, a sign the texts-are-not-calls argument is losing ground.

1Lookup Signal Report

5.1% of checks came back VOIP across 2,601 checks on 1Lookup today

VOIP ran at 5.1% of checks, up 2.7 points from the trailing seven-day average of 2.4%. Mobile dropped to 61.9%, down 20.7 points from its 82.6% baseline. Active phone numbers fell to 89.3%, down 3.6 points. Email undeliverable rates improved to 1.2%, down 1.8 points from baseline.

Phone line types

2,601 checks

  • mobile61.9%
  • VOIP5.1%
  • other line types33%

Phone number status

2,601 checks

  • active89.3%
  • other line types10.7%

Email deliverability

3,966 checks

  • deliverable93.4%
  • risky4.8%
  • undeliverable1.2%

Every completed lookup on 1Lookup this UTC day.

  1. 01

    Congress introduces Stop Spam Calls Act to redefine prior express written consent under TCPA

    On September 24, 2026, Congress introduced the Stop Spam Calls Act. The bill directs the FCC to change the definition of prior express written consent under the TCPA, a term currently defined at 47 CFR 64.1200(f)(9).

    Why it matters: If the FCC redefines written consent, the paperwork and disclosures businesses currently rely on to call or text prospects could stop qualifying. Any business building consent flows now should watch this bill before locking in a process.

  2. 02

    New York magistrate judge refuses to stay discovery in TCPA SMS do-not-call class action

    A magistrate judge in New York declined to stay discovery in a TCPA do-not-call class action over text messages, finding the issue of whether texts count as calls needs to be worked out through the discovery process rather than paused.

    Why it matters: The texts-are-not-calls defense has had a good run in TCPAWorld coverage recently, but this ruling lets a text-based DNC case keep moving. Businesses that text prospects without DNC scrubbing now face less chance of an early off-ramp from litigation.

  3. 03

    Liberty Mutual loses summary judgment bid in TCPA class action over failure to prove DNC training

    A court denied Liberty Mutual summary judgment in a TCPA class action because the company could not prove it trained employees adequately on its do-not-call policy, even though it came close to winning on other grounds.

    Why it matters: Having a written DNC policy is not enough. Courts are asking for proof that employees were actually trained on it. Any business making outbound calls needs documented training records, not just a policy on paper.

  4. 04

    TrueAccord wins summary judgment and dismissal on both TCPA counts over debt collection texts

    In Nickson v. TrueAccord Corp., a court granted TrueAccord's motion for summary judgment on the ATDS count and granted its motion to dismiss, or alternatively for judgment on the pleadings, on the Do Not Call count.

    Why it matters: The court treated debt collection texts as distinct from solicitation for DNC purposes. Businesses sending account-related texts, as opposed to marketing texts, have a data point supporting that distinction, but the ruling turns on specific facts.

  5. 05

    State AG officials detail robocall enforcement priorities at Anti-Robocall Litigation Task Force webinar

    On September 23, 2026, representatives from the North Carolina, Ohio and Colorado attorneys general offices joined a Kelley Drye webinar on the 51-member Anti-Robocall Litigation Task Force, co-led by North Carolina, Indiana and Ohio, which targets entities responsible for large volumes of illegal call and messaging traffic.

    Why it matters: Robocalls remain the most common complaint state AG offices receive. The task force spans every state plus DC, so any business generating high call or text volume is inside the enforcement net regardless of where it is based.

  6. 06

    NYC regulators field industry questions on SHIELD rule in daily digest roundup

    AccountsRecovery.net's October 7 digest covered NYC regulators answering industry questions on the SHIELD rule, a collector's win dismissing a do-not-call claim in a TCPA text suit, and other items including a court breach affecting 1.3 million people in a debt collection program.

    Why it matters: NYC's SHIELD rule guidance and the TCPA text suit ruling both bear on how collectors and callers document consent and DNC compliance. Businesses operating in or calling into New York should track the SHIELD rule answers directly.

Questions people asked today

What does the Stop Spam Calls Act do?
Introduced in Congress on September 24, 2026, it directs the FCC to change the definition of prior express written consent under the TCPA, currently set out at 47 CFR 64.1200(f)(9).
Did the New York SMS case get dismissed?
No. A magistrate judge in New York refused to stay discovery in the TCPA SMS do-not-call class action, meaning the case keeps moving forward rather than pausing while the texts-versus-calls question gets resolved.
Why did Liberty Mutual lose its summary judgment motion?
The court found Liberty Mutual could not prove it had trained its employees on its do-not-call policy, even though it had a policy in place. A policy alone was not enough to win summary judgment.
What percentage of checks came back VOIP on 1Lookup today?
Across 2,601 checks run on the 1Lookup platform on 2026-10-08, 5.1% came back VOIP, up 2.7 points from the trailing seven-day average of 2.4%.

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