Seventh Circuit Holds Text Messages Are Not 'Telephone Calls' Under TCPA Section 227(c)(5), Creating Circuit Split
Original: TEXTS ARE NOT CALLS: Seventh Circuit Becomes the First Federal Court of Appeals to Hold Text Messages Are Not “Telephone Calls” Under TCPA Section 227(c)(5), and the Map Just Changed in a BIG Way
Short summary
The Seventh Circuit held in Steidinger v. Blackstone Medical Services that text messages are not 'telephone calls' under TCPA Section 227(c)(5), eliminating the private right of action for unwanted marketing texts under DNC rules in Illinois, Indiana, and Wisconsin. The court applied a textualist analysis, finding that 'telephone call' in 1991 referred to sound-based communication and that Congress deliberately used the narrower term in the private right of action provision. This creates a circuit split and reshapes TCPA litigation risk for marketers.
- •Seventh Circuit rules text messages are not 'telephone calls' under TCPA DNC provisions
- •No private right of action for unwanted marketing texts in IL, IN, WI under Section 227(c)(5)
- •Court used textualist analysis: 1991 'telephone call' meant sound-based communication, not texts
Generated with AI, which can make mistakes.
Is this a good recommendation for you?
