Post-chevron chaos: courts split on whether texts are ‘calls’ under the TCPA - Kennedys Law
Courts are divided on whether text messages are considered 'calls' under the TCPA, impacting compliance requirements for telemarketers and SMS marketers.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on August 22, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Medium urgency. Telemarketers, SMS marketers, contact centers, and lead generation affiliates. should confirm how it applies to their specific situation before acting. There is a time constraint attached: N/A. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Telemarketing & TCPA Compliance continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
Legal ambiguity regarding the classification of text messages as calls under the TCPA, which may affect compliance strategies.
Who it affects
Telemarketers, SMS marketers, contact centers, and lead generation affiliates.
What you must do
Review and potentially adjust telemarketing practices and consent protocols to mitigate legal risks.
Deadline
N/A
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