Positive Developments in TCPA Litigation for Dealers (Especially Florida Dealers)

By Micah A. Andrews

Experienced motor vehicle dealers have likely been exposed to the headache that comes with consideration of their business’ compliance related to the ever-evolving Telephone Consumer Protection Act (“TCPA”).  Historically, the TCPA, which was enacted in 1991, restricts businesses in making residential telemarketing calls, including prohibitions related to time (before 8:00 a.m. and after 9:00 p.m.), use of auto-dialers, messages without the consumers’ prior express consent, and compliance with the Federal Trade Commission’s (“FTC”) “Do-Not-Call” registry. Later adopted FTC and FCC regulations have made clear that these prohibitions extend to consumer cellular phones and text messaging.  As most dealers know, significant time and costs must be exhausted to ensure that any dealership marketing efforts are performed with procedural structures in place to disclosure the nature of any communication, permit the “opting-out” of future communication, and confirmation of compliance with Do-Not-Call registries.  If the processes are not in place, dealers can face significant monetary exposure from Class Action lawsuits brought by shrewd TCPA plaintiffs’ firms.  Most dealers have likely received demand letters threatening as much in the last handful of years related to marketing phone calls and text messages to customers.

However, significant legal developments occurring over the last year concerning the TCPA should give dealers optimism on this front – especially potentially Florida dealers, based on a Federal Court decision entered just this month. 

To begin, in July 2025 the U.S. Supreme Court held that district courts are not bound by the Federal Communication Commission’s (FCC) interpretations of the TPCA, 47 U.S.C. §227. See McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. – S.Ct. – 2025 WL 1716136 (2025).  This Supreme Court decision was significant because the FCC previously dictated that a text message was a “call” under the TCPA and that a cellular phone number qualified for protection under the TCPA. With the Supreme Court’s decision in McLaughlin, Federal District Court Judges were no longer tied to these assumptions.  

Since this decision, Federal Courts have immediately disagreed on the application of the TCPA with its new clean slate playing field.  For example, in Illinois a Federal Court determined that text messages were not “calls” regulated by the TCPA. See Jones, et al. v. Blackstone Medical Svcs., LLC, No. 1:24-CV-01074-JEH-RLH, 2025 WL 2042764 (C.D. Ill. July 21, 2025). In Oregon, a Federal Court ruled that text messaging is still regulated by the TCPA. See Wilson v. Skopos Fin., LLC, No. 6:25-CV-00376-MC, 2025 WL 2029274 (D. Or. July 21, 2025). In July 2026, the Federal Court for the Seventh Circuit (made up of Wisconsin, Illinois, Indian) determined that the TCPA did not apply to text messaging – the first Circuit Court to take this step.  Businesses not in these states are left to only speculate how their Federal Court may interpret the TCPA.

Florida dealers should feel encouraged based on a brand new decision entered by Judge Aileen Cannon in U.S. District Court for the Southern District of Florida in September 2026. Judge Cannon (who readers likely recognize due to her presiding over the President Trump classified documents indictment), entered an order dismissing a TCPA lawsuit and determining that the text of the TCPA did not apply cellular phone calls or text as the statute protects “residential telephone subscribers.”  See Order Denying Plaintiff’s Motion for Final Default Judgment, Case No. 9:24-cv-80800-AMC (Sept. 11, 2026) (D.E. 22)

The application of the decision for dealers is clear – TCPA prohibitions are not applicable to communications to cellular phone calls and text messages.  Given the widespread use of consumer cellular phones and the disappearing residential phone line, the threat and exposure of TCPA lawsuits (at least for Florida dealers before Judge Cannon) is significantly decreased. This being said, further legal development and/or appellate critic of this decision is inevitable and the TCPA tectonic plates remains shifting.  Dealers must still consider enacted State statutes mirroring the TCPA which may still regulate cellular phones and text messaging regardless of the TCPA.  While optimism is warranted, any questions regarding compliance obligations or strategy should still be directed to your dealer attorney.