Conflicting Rulings on SMS and TCPA Challenge Compliance Teams
Courts in Illinois and Ohio differ on TCPA's SMS 'call' definition, complicating compliance.
Why it matters: Legal uncertainty in SMS marketing could lead to increased financial and operational risks due to potential litigation.
- Illinois court: SMS = 'calls' under TCPA DNC rules.
- Ohio court: SMS not 'calls,' excluded from TCPA.
- Post-2025 McLaughlin decision limits FCC interpretation reliance.
- Businesses must adapt SMS strategies per jurisdiction.
Compliance teams face a bewildering landscape as courts across the nation diverge on whether SMS messages qualify as 'telephone calls' under the Telephone Consumer Protection Act (TCPA). These rulings significantly influence SMS marketing strategies and adherence to Do-Not-Call (DNC) restrictions.
- In March 2026, the Northern District of Illinois ruled that SMS messages are considered calls under the TCPA, extending DNC protections to SMS communications.
- Conversely, the Northern District of Ohio, also in March 2026, found that SMS messages do not constitute calls, thereby exempting them from TCPA restrictions.
The complexity stems from the McLaughlin decision in June 2025 where the Supreme Court ruled that courts should not automatically defer to FCC interpretations. This ruling means that now, courts independently evaluate TPSA applicability, which has created legal inconsistencies across states.
Corporate compliance teams must meticulously calibrate their SMS marketing approaches, no longer able to rely solely on FCC guidelines. Strategies must be tailored to align with jurisdiction-specific legal landscapes to avoid potential litigation and resultant penalties.
By the numbers:
- 2025 — McLaughlin decision removed deference to FCC interpretations.
- March 2026 — Illinois ruled SMS as 'calls' under TCPA.
- March 2026 — Ohio exempted SMS from the 'calls' category.