Chief Judge of the Northern District of Florida recently held SMS messages are not “calls” for purposes of the TCPA’s DNC rules.

That means you cannot sue for unwanted marketing texts in Tallahassee–even if you list your number on the DNC list.

But if you live down in Miami, you can according to the decision in Blosley v. A Bradley Hospitality 2025 WL 2686984 (S.D. Fl. Sept 19, 2025).

There the court held:

There is no dispute that Plaintiff has adequately alleged the first two elements for both Counts I and II, given that a text message constitutes a “call” under the TCPA and the text messages were alleged to have been sent over the course of several months.

Yes, that is quite different than the rule upstate.

This is obviously a fast moving area of law and developments are taking place literally daily. The stakes if you get this wrong are through the roof– so you need to make sure you are following closely.