Well it is a pretty exciting day around TCPAWorld.
Just a few moments ago I dropped word of a new FCC ruling that will make it far easier for businesses to recognize and honor TCPA revocation and opt out requests.
And now I get to discuss a new ruling out of the S.D.Fl. holding that cell phones are not residential lines for DNC purposes.
In MICHAEL ANTHONY, v. BRIAN MARKETING GROUP, Doc. 22 (S.D. Fl. Sept. 11, 2026) the court just refused to enter default judgment in favor of the Plaintiff concluding the SMS messages to his cell phone at issue in the case did not trigger the TCPA’s DNC rules.
However this ruling was NOT based on the conclusion that texts aren’t telephone calls– as son many other courts have found. Instead the court determined cell phones aren’t residential lines (as required by the DNC rules) to begin with:
This is because the enabling statute, 47 U.S.C. § 227(c), authorizes the FCC to promulgate regulations to protect the privacy rights of “residential telephone subscribers[],” not cellular phone subscribers. 47 U.S.C. § 227(c)(1); 47 C.F.R. § 64.1200(c), (e). Because the FCC’s 2003 Order purports to redefine the term “residential telephone subscriber” to include “wireless subscriber” and thereby to expand the private right of action under § 227(c)(5) to all cellphone users, the FCC has exceeded its statutory authority under § 227(c)(1)–(2) in that regard.
Holy smokes!
This is a huge and remarkable departure from the majority rule– and it is a lengthy and extremely well reasoned opinion (especially considering it was issued in response to a default judgment effort!)
This opinion was penned by the Hon. Aileen M. Cannon– famous for tossing the Biden DOJ’s case against Trump related to the confidential documents he took to Mar A Lago– and it is definitely worth the read.
Will be interesting to see if other courts are prepared to follow her lead. We’ll keep an eye on all of this.
And you should keep an eye on Deserve to Win. Ep 49 with special guest Nima Hakimi!
Also shout out to my buddy Jeffrey B. Pertnoy over at Akerman for flagging this for me!
Chat soon.
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