Texas Court Gives Mixed Signals on TCPA Coverage of Text Messages
A Texas court ruled TCPA does not fully apply to some text messages, creating legal ambiguity.
Why it matters: Legal and compliance teams must reassess TCPA risks and text messaging policies amid contradictory rulings and new state laws expanding telemarketing rules to texts.
- On June 23, 2026, Uwagbai v. Jefferson Capital Systems held TCPA does not cover text messages, as statute specifies 'telephone calls'.
- Earlier, on January 26, 2026, Alvarez v. Fiesta Nissan found texts qualify as 'telephone calls' under TCPA, showing intra-jurisdiction split.
- Texas Senate Bill 140, effective September 1, 2025, includes SMS and graphic messages in 'telephone solicitation', imposing registration and a $10,000 surety bond requirement.
The U.S. District Court for the Southern District of Texas delivered conflicting rulings on the Telephone Consumer Protection Act (TCPA) application to text messaging in two cases this year.
In Uwagbai v. Jefferson Capital Systems (June 23, 2026), the court reasoned that because the TCPA's statutory language refers only to "telephone calls" and does not explicitly include text messages, the Act does not apply to texts. It stated, "The communications in question... are nothing more than text messages and that no call was made."
Conversely, earlier in the year, the same court in Alvarez v. Fiesta Nissan, Inc. (January 26, 2026) held that text messages do constitute "telephone calls" under the TCPA. Chief Judge Randy Crane highlighted the statute’s focus on "an instrument for producing sounds at a distance" and concluded that a text message falls "reasonably within the literal language of the statute."
Adding complexity, Texas Senate Bill 140, in effect since September 1, 2025, broadened the state's telemarketing laws to explicitly cover text, SMS, and graphic messages. This law requires businesses engaging in such solicitation to register with the Texas Secretary of State and maintain a $10,000 surety bond, intensifying compliance considerations.
These conflicting rulings and state-level expansions demonstrate ongoing legal uncertainty about TCPA’s scope regarding text messaging, requiring careful legal evaluation and cautious text message marketing strategies.
By the numbers:
- June 23, 2026 — Date of Uwagbai TCPA ruling excluding text messages
- January 26, 2026 — Date of Alvarez ruling including texts as "telephone calls"
- $10,000 — Surety bond required by Texas Senate Bill 140 for telemarketers using text messages
Yes, but: Although the Uwagbai decision excludes texts from TCPA coverage, Alvarez reflects a contrary interpretation within the same court, signaling unresolved legal ambiguity.
What's next: Watch for potential appeals and further judicial or legislative efforts to clarify TCPA's application to text messaging, especially in light of Texas Senate Bill 140.