Are you wondering, “Does the do-not-call list apply to text messages?” and “Does the TCPA apply to text messages?” The short answer is YES. In most cases, the DNC list applies to text messages. The FCC (Federal Communications Commission) treats text messages as calls, so businesses generally can’t send marketing text messages to numbers on the Do Not Call list without permission. The TCPA (Telephone Consumer Protection Act) also applies to automated text messages, so businesses need consent to send them as well. 

However, on July 14, 2026, the U.S. Court of Appeals for the Seventh Circuit ruled in Steidinger v. Blackstone Medical Services that consumers cannot bring a private Do-Not-Call (DNC) lawsuit under Section 227(c)(5) of the Telephone Consumer Protection Act (TCPA) based solely on receiving unwanted text messages. 

This guide explains both the DNC list rule and the TCPA rules, how they differ, penalties, exceptions, and what changed in 2026. 

TL;DR:

  • The DNC list can apply to marketing text messages, and businesses must follow the DNC rules that apply to their messages.
  • The TCPA also covers automated promotional text messages and requires businesses to obtain consent before sending them.
  • Following DNC rules does not automatically mean a business follows all TCPA rules.
  • Before sending marketing texts, businesses should confirm consent, review DNC restrictions, and honor requests to stop receiving messages.
  • Landline Remover helps businesses identify mobile, landline, and VoIP numbers and check numbers against DNC lists. However, DNC scrubbing and identifying line type alone do not guarantee legal compliance.

Does the Do Not Call List Apply to Text Messages?

Yes, according to the FCC, the Do Not Call List applies to text messages. In December 2023, the agency codified that National DNC Registry protections extend to text messages. The rule took effect on March 26, 2024. 

Put simply, businesses need the consumer’s prior express written consent before sending a marketing text message to a number on the DNC registry. 

What the DNC Registry Covers

The National Do Not Call Registry is maintained by the FTC (Federal Trade Commission). It allows consumers to register their numbers to reduce unwanted telemarketing. Businesses that send marketing text messages must scrub their list against it. Under 47 CFR 64.1200 , the registry version you use should be no more than 31 days old. Our latest guide on DNC Safe Harbor helps you understand this better. 

What the DNC Registry Doesn’t Cover

The DNC rules target telemarketing. A delivery update or appointment reminder is not a sales pitch, so the registry does not apply to it. Other TCPA rules may still apply, so check consent for those as well. 

Does the TCPA Apply to Text Messages?

Yes, the TCPA applies to text messages. The FCC has treated texts as calls under the TCPA since its 2003 ruling, and its 2023 order restates that long-standing position.

The TCPA works through two sets of rules:

  • Consent rules (Section 227(b)): Autodialed or prerecorded texts to cell phones require prior express consent. Marketing texts need prior express written consent.
  • DNC rules (Section 227(c)): These limit telemarketing to people who registered their numbers.

Break either set of rules, and a private lawsuit can seek $500 per violation. A court can raise that to $1,500 if the violation was willful. For more details, see 47 U.S.C. § 227 .

DNC List vs. TCPA

The DNC Registry and TCPA overlap, but they serve different compliance purposes. A business may need to consider both before sending a marketing text.

Comparison

National DNC Registry

TCPA

Main purpose

Restricts covered telemarketing to registered numbers, subject to applicable rules and exceptions.

Regulates certain calls and texts, including consent requirements.

Text message relevance

FCC rules extend DNC protections to covered marketing texts.

Applies to certain texts based on legal requirements and circumstances.

What businesses should check

Registry status, applicable exceptions, and company-specific opt-outs.

Consent, message type, technology, and revocation requests.

Compliance approach

Follow applicable federal and state DNC rules.

Follow applicable TCPA requirements and related rules.

A number's absence from the DNC Registry does not automatically give a business permission to text it. Similarly, having consent does not remove every other legal obligation. Businesses should assess the applicable requirements together.

Can You Be Sued for Texting a DNC Number?

Different courts have different opinions on this. 

Courts Saying Texts Are Not Calls

On July 14, 2026, the Seventh Circuit decided Steidinger v. Blackstone Medical Services. It held that texts are not “telephone calls” under Section 227(c)(5) . This section lets consumers sue over DNC violations. This is the first federal appeals court to decide the issue. The court also said it was no longer bound by the FCC’s reading of the law.

District courts have followed that logic. A Georgia federal court reached the same result in February 2026, and a North Carolina federal court did so in September.

Courts Saying Texts are Calls

On June 17, 2026, a Pennsylvania federal court held that texts are calls under Section 227(c) . The Ninth Circuit reached the opposite view in January 2026 , though under Section 227(b), a different provision. 

Now, you must be wondering what this means for your team.

Let’s break it down in simple terms.

The Seventh Circuit ruling is narrow. It limits only one type of lawsuit, and only in Illinois, Indiana, and Wisconsin .

You still have risk elsewhere:

  • The FCC’s DNC rule for texts still stands.
  • Lawsuits over missing consent are not affected.
  • State laws, such as Florida’s, can add their own penalties. 
  • Some attorneys think the issue could reach the Supreme Court.

Note: This blog covers general information. Do not treat it as legal advice. 

DNC vs TCPA vs State Laws

Rule

What it covers

Applies to texts?

Who can enforce

National DNC Registry rule (47 CFR 64.1200)

Marketing to registered numbers

Yes, per the FCC.

FCC, state attorneys general

TCPA consent rules (§ 227(b))

Autodialed or prerecorded texts to cell phones

Yes.

Consumers, FCC, states

DNC lawsuits (§ 227(c)(5))

Consumer suits over DNC violations

Contested. The Seventh Circuit says no.

Consumers, where allowed

State telemarketing laws

Varies by state

Often yes.

States, consumers

CTIA and carrier rules

Opt-in, opt-out, content

Yes.

Carriers, through blocking

What Counts as a TCPA Unsolicited Text Message?

A marketing text is unsolicited if you had no prior express written consent, the number was on the registry, and the person never gave permission, or if you kept texting after the consumer opted out.

Before launching a campaign, businesses should review these practices so they can text without violating TCPA rules. 

  • Check consent: Written consent means a clear agreement. Keep records of when and how a person agreed to receive messages. Obtain the type of consent required for the campaign.
  • Respect opt-outs: When a consumer requests to stop receiving messages, respect it promptly. A broader revoke-all rule is delayed until January 31, 2027 . 
  • Send marketing texts only between 8 AM and 9 PM in the recipient’s time zone. See our guide on TCPA calling hours by state . 
  • Review the message type. Promotional texts have different requirements than transactional or informational messages. 
  • Check applicable restrictions. Review federal and state rules, including DNC requirements. 
  • Scrub against the DNC registry every 31 days. 
  • Check line type. Landlines can’t receive standard texts. Sending them text messages wastes your budget, time, and effort. Landline Remover helps you check line type, check phone numbers against state and DNC lists, and flag known litigators. 

If your team manages large contact lists, explore Landline Remover today. 

Read our posts on DNC scrubbing for insurance agents , what a litigator scrub is , and how to identify landline numbers automatically for related guidance. 

Note: The FCC's text messaging and TCPA rules provide the regulatory framework. Requirements can vary, so businesses should have their compliance procedures reviewed by a qualified professional.

What Can Happen When You Text a Lead on the DNC List

Let’s understand this situation through a simple example. 

Suppose Harry, a rep at a SaaS company, texts 1,000 webinar leads. The sign-up form had no text consent box. Some of the numbers are on the registry.

  • DNC rule: Texting registered numbers without permission breaks the FCC rule.
  • Consent rule: No written consent creates Section 227(b) exposure. At $500 per text, 1,000 texts could mean $500,000 in claimed damages. At the willful rate, approximately $1.5 million. 
  • State law: Some states add their own claims.
  • Carriers: Complaints can get your sending number blocked.

If you’re wondering how to fix this, it is simple: add a clear consent checkbox, keep the record, scrub the list, and honor every STOP reply. 

Our post on DNC list penalties shows what a violation can cost.

Conclusion

The FCC says the DNC list applies to text messages. However, as discussed above, courts have different opinions on whether you can be sued over it. The TCPA’s consent and opt-out rules apply to text messages either way. The safest approach is to follow the DNC list and TCPA rules and to scrub your contact list against the National DNC registry regularly, every 31 days.

Having clean data helps you protect your business from penalties and reputational damage. Using a phone number validation tool like Landline Remover checks line type, so you can send texts only to mobile numbers that can receive them.  

Book a demo and try it on a small batch of your contact list before your next campaign.