District Courts increasingly divided on whether the TCPA allows Do-Not Call claims for texts

On February 17, 2026, the U.S. District Court for the Northern District of Georgia joined a growing list of district courts finding that consumers who receive more than one telemarketing text message cannot bring private Telephone Consumer Protection Act (TCPA) claims to enforce the Do-Not-Call (DNC) rules. In the wake of Loper Bright and McKesson, these district courts are rejecting arguments that the term “telephone call” in the TCPA’s DNC statute encompasses text messages.... By: Hogan Lovells