Text messaging is one of the most powerful tools nonprofits and political organizations use to fundraise, mobilize, and engage supporters. But a growing legal battle over the TCPA “Do Not Call” rules could significantly affect how — and when — organizations are allowed to send those messages.
A Legal Seesaw
At the center of the debate is whether SMS/text messages qualify as “calls” under the Telephone Consumer Protection Act (TCPA), particularly for Do-Not-Call (DNC) purposes. The TCPA was enacted to protect consumer privacy by regulating telemarketing and automated communications, long before text messaging became ubiquitous. Now, as texting has overtaken voice calls as a primary engagement channel, courts are grappling with whether the law’s definition of a “call” extends to SMS.
The answer carries high stakes: a finding that texts are “calls” could expose organizations to significant liability, while the opposite conclusion could reshape compliance expectations.
Where the Courts Stand
For years, courts and regulators treated text messages as equivalent to phone calls under some parts of the TCPA. But application of that logic to the DNC rules has been inconsistent.
As of late 2025, federal district courts were evenly split on the issue — with three courts holding that SMS messages are TCPA calls and three ruling they are not. That balance shifted with Mujahid v. Newity, where a federal court in Illinois concluded that text messages do qualify as calls, relying on statutory purpose, common definitions, and FCC guidance. Legal commentators described the decision as tipping the score to 4–3 in favor of SMS being treated as calls.
Why This Matters for Advocacy and Fundraising
If text messages are ultimately ruled to be “calls” under TCPA DNC rules, the impact could be significant:
- Expanded liability for texts sent outside permitted hours or to people who have opted out
- Increased class-action risk, with penalties assessed per message
- Higher compliance standards for list management, consent tracking, and opt-out handling
While nonprofits and political organizations often rely on consent-based texting (and benefit from certain exemptions), these rulings raise the stakes for operational discipline and vendor oversight.
What Organizations Should Do Now
Until appellate courts provide clarity, nonprofit and political professionals should assume scrutiny is increasing. Best practices include:
- Maintaining clear, documented consent
- Honoring opt-outs immediately across all systems
- Reviewing send times and message frequency
- Working closely with trusted texting vendors on compliance safeguards
Bottom Line
Texting remains a critical engagement channel — but the legal ground beneath it is constantly shifting. As courts continue to debate whether a text is legally a “call,” nonprofits and campaigns should treat compliance not as a technical detail but as a core part of protecting their supporters, reputations, and missions.