On July 14, 2026, the United States Court of Appeals for the Seventh Circuit issued a significant decision in Steidinger v. Blackstone Medical Services, holding that the Telephone Consumer Protection Act's (TCPA) Do-Not-Call private right of action under 47 U.S.C. ┬º 227(c)(5) does not extend to unwanted text messages. The court concluded that the term “telephone call” as used in the statute refers only to voice calls, not to SMS or other text-based communications. The ruling represents a meaningful development for businesses that engage in consumer-facing text-messaging campaigns and for defendants currently facing TCPA class action exposure in the Midwest.
The immediate practical effect of Steidinger is substantial. Pending and future TCPA text-message class actions filed within the Seventh Circuit—covering Illinois, Indiana, and Wisconsin—are now subject to a controlling decision that provides defendants with a strong basis to seek dismissal of Do-Not-Call claims premised solely on text messages. Companies that have received demand letters or been named in putative class actions in these jurisdictions should promptly evaluate whether Steidinger supports early dispositive motions. Defendants should also carefully assess the interplay between the DNC provision and other TCPA subsections, including autodialer-based claims under ┬º 227(b), which were not addressed by the court's holding.
Notably, the Seventh Circuit's ruling creates a clear circuit split with the Ninth Circuit's January 2026 decision in Howard v. RNC, which reached the opposite conclusion regarding the reach of the Do-Not-Call private right of action to text messages. This division among the circuits materially increases the likelihood of Supreme Court review and elevates the importance of jurisdiction and forum selection in TCPA litigation strategy. Plaintiffs may seek to file in jurisdictions more receptive to text-message claims, while defendants should consider forum-related defenses and venue arguments where available.
For businesses operating multi-state text-messaging programs, the decision underscores the need to revisit compliance protocols, consent management practices, and litigation-readiness plans in light of the now forum-dependent landscape. Legal exposure may vary significantly based on where a case is filed or defended.
This alert is provided for general informational purposes only and does not constitute legal advice. Clients should consult qualified counsel for guidance tailored to their specific circumstances.