No TCPA, Today

The appellants in Pourmohammadagha v. Poury challenged the denial of their motions to dismiss under the TCPA, but had trouble with two principles about the scope of that statute relative to when a lawsuit is filed.

1. Before. “[A] communication made before a lawsuit is filed does not trigger TCPA protection as an exercise of the right to petition through statements made in or pertaining to a judicial proceeding.”
2. After. “A communication made after a lawsuit is filed also does not establish the applicability of the TCPA’s protection unless the movant demonstrates that the legal action is ‘based on or is in response to’ the other party’s exercise of the right to petition.” And in that context, “when the pleadings, evidence, and parties’ arguments are based on a mix of protected and unprotected activity, and they do not distinguish between the two, a defendant-movant’s motion to dismiss under the TCPA should be denied.”

No. 05-25-00143-CV (April 1, 2026).