The tide continues to swell on the “texts do not equal calls” argument.
As TCPAWorld reported last week, this is the new majority rule after district courts in Alabama and North Carolina adopted the 7th Circuit’s position in Steidinger v. Blackstone Med. Servs., 182 F.4th 532 (7th Cir. 2026).
Well the trend continues.
In Radvansky v. 1st Class Medical, 2026 WL 2858562 (D. Colo. Sept. 23, 2026) the Court followed Steidinger and concluded SMS messages are not “telephone calls” under the TCPA’s DNC rules– becoming the 17th district court to so hold.
The analysis is tight and consistent with cases reaching similar holdings:
- The definition of telephone at the time the TCPA passed focused on transmitting “sound” at a distance– SMS do not make a sound;
- The definition of “telephone solicitation” includes the word “message” but the private right of action is afforded only to those who received “telephone calls“–not solicitations (this is my favorite argument);
- The FCC’s rulings on the subject are not persuasive; and
- Policy arguments do not carry the day where the plain language establishes SMS is not covered by the DNC’s private right of action language.
Again no new analysis here– but a whole new territory has just gone green.
As you can see the center of this map is starting to look mighty green– even as the edges are red. BUT only ONE case outside of the 9th circuit has held SMS are calls since Steidinger– and that was the one #biglaw lost to a guy with no lawyer in Texas! (eesh)
We will continue to keep an eye on this.
Also if you don’t have a copy of the Troutman Amin, LLP 2026 TCPA Annual Review, presented by Contact Center Compliance (now Sonera) what’s going on?
Chat soon.
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