Two new cases holding SMS messages are NOT calls under the TCPA have really added fuel to an already raging fire out there.

Brilliant Blake covered the huge win in Stockdale v. Skymount Prop. Grp., LLC, et al., No. 1:25 CV 1282, 2026 WL 591842 (N.D. Ohio March 3, 2026)— opening up a new territory for this argument deep in the Midwest. (This was Watstein’s good work.)

We also just became aware of Lopresti v. Nouveau Essentials, Case no. Case 5:25-cv-00282, ECF No. 62 (M.D. Fl. Feb. 26, 2026).

While significant, Lopresti merely follows other decisions in M.D. Fl on the issue–particularly El Sayed v. Naturopathica Holistic Health,
Inc., No. 8:25-CV-00846-SDM-CPT, 2025 WL 2997759, at *2 (M.D. Fla. Oct. 24, 2025)– so no new territory here. But still an important ruling.