On July 16, 2025, the United District Court for the Eastern
District of Pennsylvania issued a noteworthy decision in Newell
v. JR Capital, LLC. Among other claims, Plaintiff alleged that
Defendant violated the Telephone Consumer Protection Act
("TCPA") by sending her over five text messages that did
not contain caller identification information. Defendant filed a
Motion to Dismiss arguing, among other things, that the TCPA's
caller identification information provisions do not apply to text
messages.
Newell is noteworthy because Defendant attempted to
utilize a relatively unexplored argument to defeat
Plaintiff's TCPA caller identification claims. Although the
Court ultimately denied Defendant's Motion to Dismiss in this
case, TCPA defendants should continue to explore previously
unviable defenses in the wake of McLaughlin Chiropractic Associates, Inc. v.
McKesson Corporation.
