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Blog Post
A judge in the Southern District of Florida recently granted a defendant’s motion to stay discovery in a case involving alleged violations of the Telephone Consumer Protection Act (TCPA), pending resolution of the defendant’s motion to dismiss arguing that a text is not a “call” within the meaning of the TCPA. See McGonigle v. Pure Green Franchise Corp., 2026 WL 111338 (S.D. Fla. Jan. 15, 2026).
The court explained that “resolv[ing] the issue of whether § 227(c) [of the TCPA] includes a cause of action for text messages by exercising our ‘special competence in resolving statutory ambiguities’” is “a question of law that does not require discovery.” Id. at *2.
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