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Sunday, November 1, 2026

Pennsylvania Court Says Texts Aren't "Calls" Under TCPA's DNC Provision

A federal judge in the Middle District of Pennsylvania ruled on October 29 that text messages are not telephone calls under the TCPA's do-not-call provision, the first court in the Third Circuit to say so. Two other TCPA rulings also came down this week, one tossing a counterclaim as redundant and one covering law firm data breaches.

1Lookup Signal Report

69.8% of 662 phone checks came back mobile on November 1

Mobile line share rose to 69.8% of 662 checks, up 2.3 points from the trailing seven-day average of 67.5%. Active phone status also rose to 73.6%, up 2.2 points. Email undeliverable rates rose to 6.3% of 2,378 checks, up 2.1 points from the 4.2% baseline, a signal worth watching alongside today's TCPA text rulings.

Phone line types

662 checks

  • mobile69.8%
  • other line types30.2%

Phone number status

662 checks

  • active73.6%
  • other line types26.4%

Email deliverability

2,378 checks

  • deliverable91.8%
  • undeliverable6.3%
  • other line types1.9%

Every completed lookup on 1Lookup this UTC day.

  1. 01

    First District Court in the Third Circuit Rules Texts Are Not "Calls" Under TCPA Do-Not-Call Provision

    On October 29, 2026, U.S. District Judge Jennifer P. Wilson of the Middle District of Pennsylvania dismissed a do-not-call lawsuit, ruling that a text message is not a "telephone call" under TCPA section 227(c)(5). This is the first court in the Third Circuit to reach that conclusion, after months of defendants in Pennsylvania and New Jersey making the same argument and losing.

    Why it matters: If this holding spreads, businesses that text prospects in the Third Circuit could face less exposure under the do-not-call provision specifically, though other TCPA text rules still apply. It also creates a split with courts that have ruled the opposite way.

  2. 02

    Court Tosses Counterclaim Against TCPA Plaintiff Gerald Lane as Redundant

    A court dismissed a counterclaim brought against plaintiff Gerald Lane as redundant, letting his TCPA case move forward. The ruling came from the Troutman Amin firm's coverage of their own case work in TCPA defense litigation.

    Why it matters: The dismissal shows courts are willing to strip out counterclaims that duplicate existing defenses, narrowing the issues a defendant can raise and keeping TCPA cases moving toward the merits faster.

  3. 03

    Data Breaches Keep Hitting Big Law Firms That Handle TCPA Defense Work

    TCPAWorld's commentary flags continued data breaches at large law firms, including those doing TCPA defense work for in-house counsel. The piece frames this as a reason clients are reconsidering their big law relationships.

    Why it matters: Businesses relying on outside counsel for TCPA defense should factor firm data security track records into who handles sensitive call and text litigation records, not just win rates.

Questions people asked today

Does the Pennsylvania ruling mean I can text prospects without checking do-not-call lists?
No. The ruling only holds that texts are not "calls" under TCPA section 227(c)(5)'s do-not-call provision in the Middle District of Pennsylvania. Courts in other circuits may still treat texts differently.
What happened to the counterclaim in the Gerald Lane case?
A court dismissed a counterclaim brought against Gerald Lane as redundant, allowing his TCPA case to proceed without that additional claim in play.
Why do data breaches at big law firms matter for TCPA defense?
TCPAWorld reports continued data breaches hitting large law firms that handle TCPA defense work, as a factor driving clients to reconsider those firm relationships.
What share of phone numbers checked on 1Lookup today were mobile?
Across 662 checks run on the 1Lookup platform on 2026-11-01, 69.8% came back mobile, up 2.3 points from the trailing seven-day average of 67.5%.

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?