---
title: Associate Gonzalo E. Mon Quoted in Telephone Consumer Protection Act Article
date: 2010-04-09T00:00:00-04:00
author: Import Bot
canonical_url: "https://www.kelleydrye.com/news/associate-gonzalo-e-mon-quoted-in-telephone-consumer-protection-act-article"
section: News
---
# Associate Gonzalo E. Mon Quoted in Telephone Consumer Protection Act Article

 April 9, 2010

 

 

 

 

 

 

In a *Mobile Marketer* article titled ​“Court finds Twentieth Century Fox SMS campaign violates Telephone Consumer Protection Act,” associate [Gonzalo Mon](/Our-People/Gonzalo-E-Mon) was quoted. The article discussed the recent decision made by the Unites States District Court for the Northern District of Illinois’ Eastern Division that a Twentieth Century Fox SMS campaign violated the Telephone Consumer Protection Act (TCPA).

Twentieth Century Fox sent text messages to various consumers advertising the release of a new movie. Twentieth Century Fox initially contended that the court must dismiss the plaintiff’s complaint because a text message is not a call under the TCPA. The TCPA applies to certain types of calls. Although the term ​“call” is not defined, the FCC has opined that the statue covers both voice calls and text ​“calls” using SMS.

Gonzalo explained that ​“the TCPA generally prohibits the use of an automatic telephone dialing system to place calls to a mobile number without the prior express consent of the recipient.” Gonzalo warned ​“the lesson is clear.” He advised that mobile marketers must get consent before sending text messages to consumers. ​“Without consent, lawsuits are sure to follow and, as the recent decisions suggest, an argument that text messages aren’t subject to the TCPA is likely to fail,” he said.

Click [here](http://www.mobilemarketer.com/cms/news/legal-privacy/5925.html) to read the full article.

 

 

 - Share this entry 
    - 
    - 
    - 
    -
- [  View entry pdf ](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/pdf-snapshots/associate-gonzalo-e-mon-quoted-in-telephone-consumer-protection-act-article-20230614091611.pdf)
 
 

### Related Services

- [Advertising and Marketing](https://www.kelleydrye.com/practices/advertising-and-marketing)
 
 

  In the News

 [  ![](https://d3iuizmsm2hayf.cloudfront.net/content/uploads/Listing-rectangles/In_the_News_Listing.svg) 

  ](https://www.kelleydrye.com/news/sean-farrell-quoted-in-gcr-on-doj-whistleblower-protections) 

 June 28, 2026

 [  ](https://www.kelleydrye.com/news/sean-farrell-quoted-in-gcr-on-doj-whistleblower-protections) 

 

 

 

 In the News

 [   ![](https://d3iuizmsm2hayf.cloudfront.net/content/uploads/Listing-Images/Grymes_Thompson_Christie_L.webp?auto=compress%2Cformat&crop=focalpoint&fit=crop&fp-x=0.5&fp-y=0.5&h=750&q=80&w=1125&s=8cdff8f3f62f20742ddf756217720753)  ![](https://d3iuizmsm2hayf.cloudfront.net/content/uploads/Listing-rectangles/In_the_News_Listing.svg) 

  ](https://www.kelleydrye.com/news/christie-thompson-featured-on-abas-trust-and-trade-podcast) 

 July 20, 2026

 [  ](https://www.kelleydrye.com/news/christie-thompson-featured-on-abas-trust-and-trade-podcast)