7th Circuit Rules TCPA Do-Not-Call Private Right Excludes Text Messages
In-house counsel overseeing consumer text messaging programs, TCPA compliance, and class action risk for companies operating in the Seventh Circuit must adjust litigation forecasting, as a new binding ruling eliminates a major category of TCPA do-not-call claims in Illinois, Indiana, and Wisconsin, while a growing circuit split may prompt Supreme Court review.
On July 14, 2026, the Seventh Circuit held in Steidinger v. Blackstone Medical Services that text messages do not qualify as 'telephone calls' under the TCPA's § 227(c)(5) private right of action for do-not-call violations, affirming dismissal of the plaintiff's class claim. The ruling is binding in Illinois, Indiana, and Wisconsin, eliminating the viability of text-based § 227(c)(5) class actions in those states, and serves as persuasive authority in other circuits. It does not, however, affect other TCPA provisions covering autodialed texts, nor does it preempt Seventh Circuit state telemarketing laws that explicitly regulate text messages. Companies should maintain full TCPA and state telemarketing compliance programs, and monitor for potential Supreme Court review amid the growing circuit split on the issue.