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Plaintiff's Brief, Soboleski v. Terrascend Corp. (E.D. Mich. Nov. 17, 2025)
This brief addresses the applicability of section 227(c)(5) to text messages.
The Telephone Consumer Protection Act prohibits sending text messages to phone numbers on the national Do Not Call List, just as it prohibits traditional voice calls. As both the FCC and courts have long recognized, the plain meaning of the word “call” in the TCPA
encompasses any attempt to communicate by phone, “regardless of whether that call is communicated by voice or text.”