Two New TCPA Rulings Expand Exemption for SMS Messages

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Two recent court rulings have expanded the exemption for SMS messages under the Telephone Consumer Protection Act (TCPA). In Stockdale v. Skymount Prop. Grp., LLC, a federal court in Ohio held that SMS messages do not qualify as "telephone calls" under the TCPA. Similarly, in Lopresti v. Nouveau Essentials, a federal court in Florida reached the same conclusion, following previous decisions in the Middle District of Florida on this issue.

Why it matters

These rulings are significant as they open up new legal territory for companies to argue that their use of SMS messaging is not subject to the TCPA's restrictions on making "telephone calls" without prior express consent. This could have major implications for businesses that rely on SMS marketing and communications.

The details

In Stockdale v. Skymount Prop. Grp., LLC, the court found that SMS messages are a distinct form of communication from traditional telephone calls, and therefore do not fall under the TCPA's definition of a "telephone call." Similarly, the Lopresti v. Nouveau Essentials ruling followed previous decisions in the Middle District of Florida, such as El Sayed v. Naturopathica Holistic Health, Inc., which also held that SMS messages are not considered "telephone calls" under the TCPA.

• The Stockdale v. Skymount Prop. Grp., LLC ruling was issued on March 3, 2026.
• The Lopresti v. Nouveau Essentials ruling was issued on February 26, 2026.

What’s next

These rulings could lead to more businesses challenging the application of the TCPA to their SMS messaging practices, potentially expanding the exemption for SMS communications.