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Friday, November 13, 2026

Texas Court Rules SMS Isn't a "Telephone Call" Under TCPA DNC Rules

A Texas federal district court has become the first in the state to hold that SMS messages are not telephone calls for TCPA do-not-call purposes. The same day brought a Hilton win built on a ten-business day revocation rule and a Washington dismissal despite continued calls after a stop request.

1Lookup Signal Report

27.0% of 2,812 phone checks on the 1Lookup platform came back mobile today

Mobile line share ran at 27.0% of checks, down 30.9 points from the trailing seven-day average of 57.9%. Phone status checks showed inactive numbers at 24.7%, up 23.1 points from the 1.6% baseline, while valid numbers rose to 17.2%, up 9.2 points. Landline share fell to 18.8%, down 5.0 points. Email deliverability held at 89.3% across 9,849 checks, with 3.6% undeliverable.

Phone line types

2,812 checks

  • mobile27%
  • landline18.8%
  • other line types54.2%

Phone number status

2,812 checks

  • inactive24.7%
  • valid17.2%
  • other line types58.1%

Email deliverability

9,849 checks

  • deliverable89.3%
  • unclassified5.1%
  • undeliverable3.6%
  • risky2%

Every completed lookup on 1Lookup this UTC day.

  1. 01

    First Texas district court holds SMS messages are not telephone calls under TCPA DNC rules

    A district court in Texas has ruled, for the first time among courts in the state, that SMS messages do not qualify as telephone calls for purposes of TCPA do-not-call provisions.

    Why it matters: If this holding spreads, texts to numbers on a do-not-call list may not carry the same DNC exposure as voice calls in Texas courts. Businesses texting Texas consumers should watch whether other courts follow this reasoning before changing practice.

  2. 02

    R.E.A.C.H.-brokered ten-business day revocation rule saves Hilton in TCPA class action

    A rule requiring processing of consent revocation requests within ten business days, brokered through R.E.A.C.H., was used to defeat a TCPA class action against Hilton. The rules governing how and when revocation takes effect under the TCPA continue to shift.

    Why it matters: Businesses that stop calling or texting within a defined window after a revocation request may have a stronger defense. This case shows a specific timeline standard holding up in court for Hilton.

  3. 03

    Washington federal court dismisses TCPA complaint even though Hilton called 13 times after a stop request

    In Plenty v. Hilton Resorts Corp., 2026 WL 3411213 (E.D. Wash. Nov. 10, 2026), the Eastern District of Washington dismissed the plaintiff's complaint despite Hilton placing thirteen calls after being told to stop. The court did not treat the number of post-request calls as determinative.

    Why it matters: Timing, not just the volume of calls made after a revocation request, mattered to this court. Businesses facing TCPA claims over continued contact after a stop request should look at how quickly they responded, not just how many calls were made.

  4. 04

    Jibreal Hindi's law firm loses partners Gerald Lane and Zane Hedaya as last year's top TCPA filer struggles

    Jibreal Hindi, the top-volume filer of TCPA class litigation last year, has seen his firm lose partners Gerald Lane and Zane Hedaya. The instability at the firm has correlated with an overall decrease in filing volume. Hindi has said he plans a comeback.

    Why it matters: A drop in filing volume from last year's top TCPA plaintiff's firm could mean fewer new class actions in the near term from this source, though the sheet does not say by how much volume has fallen.

Questions people asked today

Did a court really rule that text messages are not telephone calls under the TCPA?
Yes. A district court in Texas, the first in the state to do so, held that SMS messages are not telephone calls for purposes of TCPA do-not-call provisions.
How did Hilton win its TCPA revocation case?
A ten-business day rule for processing revocation requests, brokered through R.E.A.C.H., was central to the win in the TCPA class action against Hilton.
Why was the Hilton case in Washington dismissed despite 13 calls after a stop request?
In Plenty v. Hilton Resorts Corp. (E.D. Wash. Nov. 10, 2026), the court dismissed the complaint without treating the number of post-request calls as decisive, focusing instead on timing.
What is happening at Jibreal Hindi's law firm?
Partners Gerald Lane and Zane Hedaya have left the firm of Jibreal Hindi, last year's top-volume TCPA class action filer, amid a drop in overall filing activity. Hindi says he plans to come back.

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