Text message marketing is currently among the fastest and most effective ways for businesses to reach consumers, but it comes with some serious legal risks. While under the Telephone Consumer Protection Act (TCPA), certain methods of contact, like robocalls and automated voicemail messages, are heavily regulated. But do those apply to SMS messages under the Do-Not-Call (DNC) rules?
As of July 2025, two federal courts came to conflicting conclusions about exactly that question, one deciding that DNC provisions don’t apply to SMS, and another holding that they do. This conflict has left business executives, compliance officials, and marketers in the dark.
In this article, we’ll unmask the legal controversy, explore what it does to your TCPA compliance strategy, and show how to minimize text marketing risk in a changing regulatory environment.
Court Controversies Cause a Text Marketing Risk
✔ R Jones v. Blackstone (IL): SMS is not a call under §227(c) DNC.
✔ W Wilson v. Skopos Financial (OR): SMS is a “call” and covered under TCPA DNC provisions.
These discrepancies create jurisdictional risk and litigation uncertainty.
Why Courts Vary and How That Affects Your Compliance
✔ The McKesson decision of the Eleventh Circuit freed district courts to interpret TCPA independently of the FCC.
✔ There are courts that apply the plain statutory definition of “call” as voice only; courts are enforcing FCC precedent and including SMS.
✔ As a result, SMS compliance processes may vary by jurisdiction.
How to Manage the Text Marketing Risk in Your Business
✔ Continue treating marketing SMS as compliance calls, respect STOP requests, clean lists and maintain records of consent.
✔ Review policies from time to time to ensure voice and text outreach are included.
✔ Ensure vendor agreements include monitoring of SMS opt-in and DNC compliance.
✔ Possible statutory damages: $500–$1,500 per offense.
• Risk of class certification, cross-state actions and enforcement proceedings.
✔ Forum shopping can expose you to multiple legal standards and competitions.
Don’t Wait for the Courts to Decide, Protect Your Business Now
The Illinois and Oregon courts’ conflicting rulings have shown us one thing in plain sight: There is not yet an absolute national answer regarding whether SMS texts fall under the TCPA’s Do-Not-Call provisions. Such legal uncertainty can be a compliance nightmare, especially for those businesses that engage in automated messaging, lead gen, or outbound sales across several states.
And more, as the courts begin to diverge from FCC interpretations with the recent Supreme Court McKesson decision, businesses can no longer count on keeping up with FCC directives. The specter of forum shopping, inconsistent enforcement and class actions is all too real and it’s growing.
But here’s the good news: You don’t need to wait for a lawsuit or for a headline to wake up to the danger.
You can act today to make SMS marketing subject to the same level of scrutiny that you would voice outreach. That means:
✔ Obtaining specific, written consent for every phone number on which you send texts.
✔ Adding STOP instructions to all SMS communications.
✔ Verifying every number call or text against federal, state, and company DNC lists.
✔ Checking vendor practices and agreements for good disclosures and compliance guarantees.
The bottom line? Your best protection is an active, documentable compliance strategy that treats SMS as any other regulated communication medium.
If you’re unsure whether your SMS marketing methods are putting you at risk, AnswerNet’s Compliance Team is here to help. Our free assessment can give you a TCPA compliance diagnosis that examines your program in key areas such as: DNC handling, consent records, lead sourcing, state laws and more.
CLIQUEZ ICI to take the free test and know for sure before sending your next campaign.
Don’t let lack of knowledge be your strategy. Build a compliance foundation that protects your brand, your bottom line, and your future.
