Does the TCPA apply to text messages?
The Federal Communications Commission (FCC) 2015 Omnibus Declaratory Ruling and Order reaffirmed that text messages are subject to the same Telephone Consumer Protection Act (TCPA) restrictions as phone calls. The courts have also consistently held that a call is a text and a text is a call.The Federal Communications Commission (FCC) 2015 Omnibus Declaratory Ruling and Order reaffirmed that text messages are subject to the same Telephone Consumer Protection Act (TCPA) restrictions as phone calls. The courts have also consistently held that a call is a text and a text is a call. Automated text messages would be considered the same as phone calls placed from autodialers. The Supreme Court's decision in Facebook v. Duguid significantly restricts which sorts of text messaging technology fits within the definition of an autodialer. But the prohibition on the use of autodialers to send text messages stands for any devices that are still considered autodialers.