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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.