McLaughlin TCPA Ruling Creates SMS Compliance Uncertainty

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A New Crossroads for TCPA: Text Messages, DNC Rules, and the McLaughlin Impact — and How TLD Helps You Stay Compliant

The TCPA compliance landscape has entered uncharted territory. The recent McLaughlin Chiropractic Associates v. McKesson Corp. decision has upended decades of precedent by ruling that district courts no longer need to defer to FCC interpretations of the TCPA under the Hobbs Act.

This change means that long-standing FCC guidance — especially the interpretation that text messages are considered “calls” under the law — can now be independently reconsidered by district courts. The result? We’re already seeing conflicting rulings, leaving businesses in a state of legal uncertainty.

A Split in the Courts

Two recent cases demonstrate how differently courts are now approaching text messages under the TCPA’s Do Not Call (DNC) provisions:

  • Jones v. Blackstone Medical Services (Illinois) – The court dismissed the case, holding that the DNC provisions under § 227(c) don’t apply to text messages because the statute doesn’t explicitly define “calls” to include SMS.

  • Wilson v. Skopos Financial (Oregon) – The court took the opposite stance, allowing the case to proceed by following the FCC’s broader privacy-protective interpretation.

Until appellate courts or Congress step in, this split will likely cause forum-shopping and leave businesses exposed to inconsistent interpretations.

Compliance in Uncertain Times

Right now, the safest course is still to treat text messages as subject to TCPA/DNC requirements — but navigating the rules isn’t easy when the rules themselves are in flux.

That’s where TLD comes in. We’ve always seen ourselves not just as a CRM and dialer provider, but as a true compliance partner to our clients. Our platform is built with features specifically designed to support TCPA and DNC rule adherence, even as interpretations shift:

  • Double Opt-Ins – Reduce exposure by confirming consent twice before any marketing contact.

  • Opt-Out Confirmations – Automatically acknowledge and record opt-out requests to prevent accidental recontact.

  • Detailed Tracking Logs – Maintain a clear, searchable record of opt-ins, opt-outs, and consent history for audit defense.

  • Built-In DNC List Protection – Cross-check numbers before outreach to block prohibited contacts.

  • Secure Call & Text Recordings – Preserve communications history to demonstrate compliance actions.

Your Partner in Compliance

We know our clients aren’t just looking for software — they’re looking for confidence. In “weird times” like these, where yesterday’s definitions may not hold tomorrow, we work alongside you to adapt policies, workflows, and safeguards as the legal landscape changes.

Our goal is simple: help you keep marketing effective without walking into a compliance minefield. Whether it’s sudden shifts in case law, evolving FCC stances, or conflicting state-level rules, we’re here to ensure you’re never facing them alone.

Bottom line:
The McLaughlin ruling has opened the door to a new era of TCPA litigation — one with more uncertainty and risk. But with the right tools, proactive processes, and a partner who lives and breathes compliance, your business can keep connecting with customers while staying protected.