What are text message systems?

There are a number of different text messaging systems, including blast text messaging systems that send mass text messages to lists of phone numbers, peer-to-peer (P2P) systems that use automated means to connect human users with text recipients, triggered text alerts that respond to particular conditions or user inputs in order to send out automatically generated messages, and artificial (AI) texting systems.

What are the risks?

In recent years, text messaging systems were at the center of many of the most damaging TCPA class actions. They were likely the riskiest (and most expensive) dialing method of all. However, the dialing systems at issue in the Facebook case was a text message system. Since SCOTUS determined that the system that Facebook used did not fit the TCPA’s ATDS definition, it is likely that no text messaging systems—with the possible except of blast text systems—are subject to the TCPA’s ATDS restrictions.

However, this does not mean texting systems are entirely free from risks. Many state laws have regulations that apply to texting systems. Also, since the Facebook decision, litigators have continued to file TCPA lawsuits and class actions against telemarketers who have used texting systems, simply replacing ATDS allegations with DNC allegations.