/>iThe Supreme Court’s June 2025 decision in McLaughlin Chiropractic Associates v. McKesson Corp. has upended the long-settled framework for Telephone Consumer Protection Act (TCPA) compliance and litigation. As we discussed in our rundown of the decision, by holding that courts are no longer required to defer to FCC interpretations of the TCPA, McLaughlin invites a wave of judicial re-interpretation – particularly around the scope of the act’s Do-Not-Call (DNC) provisions.
Just weeks later, courts are already divided on a critical issue: Do DNC rules apply to marketing text messages? On July 21, 2025, two federal courts issued directly conflicting decisions. In Jones v. Blackstone Medical Services, the Central District of Illinois became the first to apply McLaughlin to DNC claims and ruled that the statute’s protections do not extend to texts. The same day, the District of Oregon in Chet Wilson v. Skopos Financial reached the opposite conclusion – finding that DNC protections do apply to text messages, relying instead on long-standing FCC guidance and the consumer privacy goals of the TCPA.
These diverging decisions set the stage for heightened litigation risk, forum shopping, and regulatory uncertainty. Businesses engaged in direct-to-consumer text marketing – particularly those relying on DNC compliance programs – should pay close attention to how these issues continue to evolve in the coming months.
Diverging Court Decisions
The TCPA’s application to text messages is complicated by the fact that it was passed in 1991, before the first Short Message Service (SMS) message had even been sent (let alone entered general usage among consumers). Nevertheless, the FCC has promulgated rules applying the TCPA to text messages. Courts have almost invariably deferred to the FCC’s position that the DNC Registry protects consumers from unwanted text messages.
But on July 21, 2025, the Central District of Illinois broke with the past and rejected the FCC’s stance in the first post-McLaughlin decision, endorsing the argument that DNC provisions do not apply to text messages in Jones.
In Jones, plaintiffs alleged that Blackstone bombarded them with marketing texts and calls, even after “STOP” requests were made, while their numbers were listed on the DNC Registry. Asserting four federal causes of action under the TCPA (47 U.S.C. § 227(c)) and FCC regulations, they sought to hold Blackstone liable for what they claimed were clear violations.
However, the court wasn’t convinced. Taking a strict textual approach, and breaking from years of FCC interpretation, it sided with Blackstone and dismissed the TCPA claims. The court held:
- Section 227(c)(5) provides a private right of action only for “telephone calls” in violation of DNC regulations;
- Neither Section 227(c) nor its implementing rules mention “texts,” “SMS,” or “messages;” and
- FCC orders expanding “calls” to include texts were issued under § 227(b), not § 227(c), and thus don’t apply to the DNC Registry.
But, the very same day, on July 21, 2025, the Oregon district court in Chet Wilson v. Skopos Financial, LLC, found the opposite, holding that DNC protections do extend to text messages. This court concluded that the FCC guidance was supported by the privacy goals of the TCPA, and unsolicited texts to numbers on the DNC Registry can violate the TCPA in the same way as unsolicited phone calls.
Considering the frequency of DNC Registry claims based on unwanted text messaging, we expect many more courts to issue decisions on this issue following McLaughlin.
Implications for Businesses
These conflicting rulings create significant uncertainty for businesses subject to TCPA regulations, especially those using text messaging for marketing. Plaintiffs may now file cases in jurisdictions with more favorable interpretations, increasing litigation risk and compliance complexity. The split also means that companies must closely monitor where lawsuits are filed and be prepared for divergent outcomes until appellate courts or Congress provide clarity.
Key Takeaways
- Courts are split on whether TCPA DNC rules cover text messages.
- Businesses face increased risk of forum shopping and inconsistent rulings.
- Review and update communication practices to address both interpretations.
- Continue honoring “STOP” requests, maintaining internal DNC lists, and securing clear, written consent where required.
- Monitor ongoing litigation and appellate developments for further guidance.
- Consult legal counsel before launching or continuing text-based marketing campaigns.
Practical Guidance
Given the current uncertainty, businesses should reassess their compliance programs, maintain robust opt-in and opt-out procedures, and stay alert to further legal and regulatory developments. While the Jones decision may provide a winning argument in some jurisdictions, the risk of liability remains in others –making proactive compliance and legal review more important than ever.
