In an opinion filed on June 19, 2009 the Ninth Circuit, granting deference to the Federal Communications Commission's rules and regulations, held that text messages are "calls" subject to the Telephone Consumer Protection Act (“TCPA”). Therefore, the court held that use of an automatic telephone dialing system (as defined in the TCPA) to send text messages is a violation of the TCPA unless the recipient provided express consent to receive the text messages. Satterfield v. Simon & Schuster, Inc., 2009 U.S. App. LEXIS 13197 (9th Cir. 2009) available at