[author: Eric Troutman]
For any foreign (i.e. non-U.S.) companies out there that think you can blast American consumers with SMS messages or phone calls and escape liability, you better listen up.
In King v. Bon Charge 2025 WL 3764039 (D. De. Dec. 30, 2025) a federal court just held it could properly exercise jurisdiction over an Australian company because it had directed conduct (SMS messages) into the United States.
The analysis here is lengthy and highly-technical but it comes down to simple notions of fairness– if you can reach American consumers in the U.S. then they can reach you in courts in the U.S.
I am often asked by incredulous companies based overseas whether they could really be sued in the U.S. and now I can confidently say “yep” (there were some earlier cases that cast doubt on this idea but King really analyzes things pretty thoroughly and I am convinced.) So please don't think you’re unreachable under the TCPA just because you’re in a different country (or continent!)
Bottom line– anyone trying to reach U.S. consumers for marketing purposes better be VERY aware of the TCPA. With penalties of $500-$1,500.00 per call/text and with a highly-motivated and sophisticated plaintiff’s bar ready to sue over anything (including in class actions) foreign companies need to understand what they are walking into here in the U.S.
And yes our consumers are relatively wealthy and eager to spend money for some reason–yay– but we also remain testy and impatient and don’t like being bothered, really about anything… ever.
So good luck!
Love you all.
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