Cassidy Law
MONTH-IN-BRIEF (Aug 2026)
Should Text Messages Be Considered ‘Calls’ Under the TCPA? The Seventh Circuit Says No
By James W. Sandy, Hinshaw & Culbertson LLP
In a decision with potential far-reaching consequences, the Seventh Circuit Court of Appeals recently affirmed dismissal of a putative class action related to unwanted text messages under the Telephone Consumer Protection Act (“TCPA”), finding that text messages do not equal calls and are therefore not covered by section 227(c)(5) of the TCPA.
The Seventh Circuit’s decision ultimately conflicts with decisions from other circuit courts and could result in the U.S. Supreme Court deciding the issue once and for all.
In Steidinger v. Blackstone Medical Services, No. 25-2398 (7th Cir. July 14, 2026), plaintiffs received numerous marketing text messages from the defendant, even after they asked it to stop (or added themselves to the Do-Not-Call Registry). In response, they filed a putative class action under the TCPA. The defendant then moved to dismiss and argued that 47 U.S.C. § 227(c)(5), the provision on which the plaintiffs’ claims for relief were based, only creates a private right of action for phone calls, not text messages. The district court agreed, dismissed the TCPA claims, and declined to exercise supplemental jurisdiction over the plaintiffs’ state law claims. The plaintiffs then appealed.