Removing the rust from the holidays you all may recall 3 courts have held SMS messages are not covered by the DNC protections of 227(c) but the last 5 cases in a row have come out otherwise– driven mostly by #biglaw firms trying to raise the argument and losing.

Well in Reisman v. Gen Digital 2026 WL 60370 (D. Az. Jan. 8, 2026) the court has not yet ruled on the issue but it denied a motion to stay discovery in a manner suggestive that it disagrees with the defendant’s argument.

In Reisman the defendant allegedly made illegal SMS messages without consent in violation of the DNC rules. The defendant filed a motion for judgment arguing “the private right of action created in the TCPA in section 227(c)(5) does not apply to text messages, and because Plaintiff’s claims are based on receipt of text messages, those claims fail.” It asked the court to stay discovery pending the outcome of that motion.

The court denied the motion to stay because it was not “convinced” that Defendant’s arguments will result in the dismissal of Plaintiff’s claims and therefore “efficiency and judicial economy will be best served by the parties’ participation in the discovery process.”