A recent decision from a federal district court in Virginia adds to the growing body of Telephone Consumer Protection Act (TCPA) litigation over whether its “Do Not Call” protections apply to marketing texts sent to cell phones. In McGonigle v. Dickey’s Barbecue Restaurants, Inc., No. 1:25-cv-01062, 2026 WL 2114507 (E.D. Va. July 22, 2026)
Telephone Consumer Protection Act (TCPA)
Verification Texts Are Not Automatically TCPA Ads, New Jersey Court Holds
By Roma Patel on
Posted in Enforcement + Litigation
On May 20, 2026, in Zelma v. Wonder Group Inc. (D.N.J. May 20, 2026), a federal court in New Jersey largely dismissed Telephone Consumer Protection Act (TCPA) claims against food-tech company Wonder Group Inc. (Wonder), holding that two bare verification-code text messages were not “telephone solicitations” or “unsolicited advertisements.”
The TCPA regulates certain calls and…
Soft Selling Text Messages Could Count as Solicitations Under the TCPA
By Roma Patel on
Posted in Enforcement + Litigation
The U.S. District Court for the Northern District of Georgia, in Veronica Bramlett, on behalf of herself and all others similarly situated v. RES 360 LLC and Peach City Properties LLC, No. 1:25-CV-3312-MLB (N.D. Ga. Mar. 4, 2026) recently granted in part and denied in part a motion to dismiss a Telephone Consumer Protection…
The Fifth Circuit Says You Can’t Write “Written” into the TCPA
By Roma Patel on
Posted in Enforcement + Litigation
The U.S. Court of Appeals for the Fifth Circuit recently issued a significant Telephone Consumer Protection Act (TCPA) decision in Bradford v. Sovereign Pest Control of TX, Inc., No. 24-20379, Doc. 85-1 (5th Cir. Feb. 25, 2026). The court affirmed summary judgment for the company and held that the TCPA’s “prior express consent” standard does…
Proposed TCPA Class Action Against QuoteWizard
By Kathryn Rattigan on
Posted in Enforcement + Litigation
A recent lawsuit filed in the United States District Court for the Western District of North Carolina is spotlighting risks businesses face when using prerecorded telemarketing messages without proper consent. The case, Toledo v. QuoteWizard.com, LLC, 3:2025CV00949 (W.D.N.C. 11.24.25) alleges that QuoteWizard, an insurance comparison subsidiary of LendingTree, violated the Telephone Consumer Protection Act…
Block Inc: CEMA’s Reach Beyond the SMS Sender
By Roma Patel on
Posted in Enforcement + Litigation
On June 30, 2025, Block, Inc.—an electronic financial services company that operates Cash App—entered into a proposed settlement with customers regarding unsolicited text messages from the company. The dispute stemmed from a marketing campaign that allowed Cash App users to refer their contacts to use the application.
Cash App allowed users to click an “Invite…
Utilities Petition FCC for Updates to TCPA Guidelines to Allow “Demand Response” Calls and Texts
By Kathryn Rattigan on
Posted in Enforcement + Litigation
Edison Electric Institute (EEI), an association that represents all U.S. investor-owned electric companies, petitioned the Federal Communications Commission (FCC) to permit calls and texts under the Telephone Consumer Protection Act (TCPA) without prior express consent for “demand response” communications. A prior FCC ruling clarified the FCC’s policies towards the types of calls and texts from…