Seventh Circuit Holds TCPA Do-Not-Call Claims Do Not Cover Text Messages

Short summary

The Seventh Circuit ruled that text messages are not 'telephone calls' under the TCPA's Section 227(c)(5) private right of action, narrowing one avenue of class action exposure for businesses sending marketing texts in Illinois, Indiana, and Wisconsin. The court relied on the statute's 1991 original meaning and declined to follow the FCC's broader interpretation. This creates a circuit split with the Ninth Circuit, potentially setting up Supreme Court review.

• •Seventh Circuit holds TCPA Do-Not-Call private right of action does not cover text messages
• •Decision narrows class action exposure in IL, IN, WI but does not eliminate claims under other TCPA provisions
• •Circuit split with Ninth Circuit may prompt Supreme Court review

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