State Telemarketing Laws Now Tighten Rules on Marketing Text Messages
Virginia and courts clarify that telemarketing laws regulate marketing texts beyond TCPA Do Not Call rules.
Why it matters: Legal teams at corporations must navigate overlapping federal and state rules on text message marketing to avoid costly penalties and enforcement actions. Understanding these distinctions is critical as courts exempt texts from TCPA's Do Not Call but states fill the gap.
- Virginia amended its Telephone Privacy Protection Act effective January 1, 2026, to explicitly cover marketing text messages under telemarketing laws.
- The TCPA requires prior express written consent for marketing text messages, with statutory damages of $500 per unsolicited message, tripled to $1,500 for willful violations.
- The Seventh Circuit ruled July 14, 2026, that text messages are not 'telephone calls' subject to the TCPA's Do Not Call provisions.
- A Georgia federal court in April 2026 also found the TCPA’s Do Not Call rules do not apply to text messages, creating legal space for state regulations.
The Telephone Consumer Protection Act (TCPA) mandates businesses obtain prior express written consent to send marketing text messages, imposing penalties of $500 per unsolicited communication and up to $1,500 for willful violations, as detailed by Legal Clarity. However, recent court rulings have carved out key exceptions.
On July 14, 2026, the U.S. Court of Appeals for the Seventh Circuit held that text messages are not "telephone calls" under Section 227(c)(5) of the TCPA, specifically related to Do Not Call (DNC) provisions that regulate calls listed on the National Do Not Call Registry. This was reinforced by a Northern District of Georgia decision in April 2026 ruling text messages fall outside the TCPA's DNC scope, as reported by The National Law Review.
Despite these exemptions, states like Virginia have responded by strengthening their telemarketing statutes. Virginia's General Assembly amended the Virginia Telephone Privacy Protection Act, effective January 1, 2026, to broaden key provisions from only covering "telephone solicitation calls" to all "telephone solicitations," thereby explicitly including marketing text messages, according to legal analysts at JD Supra. As Yvonne Bowser-Caballero and colleagues explain, this adjustment ensures that telemarketing texts face comprehensive state-level regulation notwithstanding TCPA’s federal exemptions.
These developments illustrate a shifting landscape where federal courts limit TCPA Do Not Call enforcement on texts, while state laws expand their reach. Legal and compliance teams must therefore navigate complex, overlapping rules—securing TCPA consent while monitoring evolving state statutes—to mitigate litigation and regulatory risks tied to marketing text messaging practices.
By the numbers:
- $500 statutory damages — per unsolicited marketing text message under TCPA
- $1,500 maximum damages — per willful TCPA violation for unsolicited texts
- January 1, 2026 — Virginia's expanded telemarketing law including texts takes effect
- July 14, 2026 — Seventh Circuit rules TCPA Do Not Call provisions don’t cover text messages
Yes, but: While courts exclude text messages from TCPA Do Not Call protections, the TCPA’s consent and anti-spam rules still apply, meaning compliance burdens remain.
What's next: Further state-level telemarketing laws may continue evolving to close gaps left by federal courts' narrow interpretations of TCPA's reach towards text messaging.