Momentum continues to shift as another federal district court has held that text messages are not calls under the TCPA’s DNC provision.
The District of Colorado has joined 16 other federal districts in the majority who now find that Section 227(c) does not apply to texts. In Radvansky v. 1st Class Med., No. 1:25-CV-03796 (D. Colo. Sept. 23, 2026), the court granted a motion to dismiss brought by defendant 1st Class Medical which argued that plaintiff Ethan Radvansky’s single cause of action under Section 227(c)(5) should be dismissed with prejudice because it was based entirely on text messages, not telephone calls.
In reaching its decision, the court cited several cases but relied most heavily on Steidinger v. Blackstone Med. Servs., 182 F.4th 532 (7th Cir. 2026). The court’s opinion largely mirrors those issued by other courts who have found similarly – the court looked to contemporaneous dictionary definitions for guidance, and held that the TCPA could not have encompassed text messages at the time it was enacted. Because text messages do not reproduce sounds, the term “telephone call” could not apply to them. Radvansky’s argument that FCC interpretations of the term “call” included text messages were similarly rejected because this interpretation did not apply to Section 227(c)(5).
Radvansky has now found himself on the losing side of several cases where he alleged violations of 227(c) based entirely on text messages. As we have outlined on the Deserve to Win Podcast, there are likely more Circuit Court rulings coming on this issue, which will ultimately result in the matter being taken to the Supreme Court.
We’ll keep an eye on this issue as it continues to develop. In the meantime – stay compliant, and stay safe.
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