Illinois Federal Judge Rules SMS Messages Subject to TCPA's DNC Restrictions

Influential judge in the Northern District of Illinois rejects defendant's arguments that SMS messages are not 'telephone calls' under the TCPA.

Mar. 30, 2026 at 2:43pm

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In the latest case, Rabbit v. Rohrman Midwest Motors, an influential federal judge in Illinois ruled that SMS messages are subject to the Telephone Consumer Protection Act's (TCPA) do-not-call (DNC) restrictions. The court rejected the defendant's arguments that SMS messages are not 'telephone calls' under the TCPA and that cell phones are not 'residential' numbers protected by the law.

Why it matters

This ruling adds to the ongoing legal debate over whether SMS messages should be considered 'telephone calls' under the TCPA's DNC provisions. The decision by this influential judge in the Northern District of Illinois could have broader implications for how the TCPA is interpreted and applied, especially as it relates to modern communication methods like text messaging.

The details

In the court's view, since the FCC has already interpreted 'telephone solicitations' to include SMS messages - a determination the defendant did not challenge - the fact that the TCPA's private right of action only extends to 'telephone calls' is irrelevant. The judge reasoned that the TCPA's protections apply to 'telephone subscribers,' which includes cell phone users, regardless of whether the communication is a voice call or a text message.

  • The ruling was issued on March 27, 2026.

The players

Hon. Robert W. Gettleman

An influential federal judge in the Northern District of Illinois who presided over the Rabbit v. Rohrman Midwest Motors case.

Rabbit

The plaintiff in the Rabbit v. Rohrman Midwest Motors case.

Rohrman Midwest Motors

The defendant in the Rabbit v. Rohrman Midwest Motors case, a car dealership.

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What they’re saying

“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.'”

— Hon. Robert W. Gettleman, Federal Judge

What’s next

The ruling in Rabbit v. Rohrman Midwest Motors is likely to be appealed, as it represents a significant development in the ongoing legal debate over the scope of the TCPA's DNC provisions, especially as they relate to SMS messages.

The takeaway

This case highlights the continued uncertainty around how the TCPA should be interpreted in the digital age, with courts grappling with whether modern communication methods like text messaging should be subject to the same restrictions as traditional voice calls. The ruling could have far-reaching implications for businesses that rely on SMS marketing and other text-based outreach to consumers.