The seesaw battle over whether an SMS message constitutes a “telephone call” under the TCPA’s DNC provisions continues to rage on.

In the latest case, the Hon. Robert W. Gettleman– an influential judge in the N.D. Ill.–just held SMS messages are subject to the TCPA’s DNC restrictions.

In Rabbit v. Rohrman Midwest Motors, 2026 WL 851279 (N.D. Ill. March 27, 2026) the court rejected defendant’s arguments SMS messages are not subject to the TCPA’s DNC rules and also the claim cell phones are not “residential” numbers.

In the Court’s view, since the FCC interpreted “telephone solicitations” to include SMS messages– a determination the defendant does not challenge– the fact the private right of action extends only to “telephone calls” is of no moment because the statute protects “telephone subscribers” and those protections arising from “telephone solicitations.”

It is a bit circular, but essentially the court avoids the entire interpretative issue by backing into an answer from the defendant’s failure to challenge the FCC’s insertion of SMS messages into the definition of “telephone solicitation”– a certain trap for the unwary.

The Court goes to to find the FCC’s interpretation of “residential subscriber” to include cell phone subscribers is “reasonable” and defers to it– even though assessing the “reasonableness” of a ruling is not quite the correct standard post Loper Bright.

Regardless we have another direct ruling that SMS messages ARE subject to TCPA DNC rules AND that cell phones can be residential numbers.