In Steidinger v. Blackstone Medical Services (7th Cir. July 14, 2026), the United States Court of Appeals for the Seventh Circuit held that text messages are not 'telephone calls'…
In Steidinger v. Blackstone Medical Services (7th Cir. July 14, 2026), the United States Court of Appeals for the Seventh Circuit held that text messages are not 'telephone calls' within the meaning of Section 227(c)(5) of the Telephone Consumer Protection Act. The court's reading narrows the private right of action available to consumers seeking to challenge unwanted marketing texts under the TCPA's do-not-call provisions, a development with immediate practical consequences for companies that rely on SMS or MMS channels to reach customers.
The decision is significant not only for its holding but also for the tension it introduces with other federal appellate authority. The Seventh Circuit's approach conflicts with that of the Ninth Circuit, producing a circuit split on a recurring and heavily litigated question. Because the split affects the scope of a widely invoked private right of action, it increases the likelihood that the Supreme Court will be asked to weigh in. In the meantime, companies face uneven class-action exposure depending on the forum in which suits are filed, and plaintiffs' counsel can be expected to concentrate filings in circuits where the do-not-call theory remains viable.
Companies engaged in text-based marketing in states within the Seventh Circuit should expect reduced private-suit risk under Section 227(c)(5) in that jurisdiction, but the decision should not be read as a broader endorsement of unrestricted texting. Other provisions of the TCPA continue to regulate text-based marketing, including rules governing consent and the use of certain dialing technologies. Federal Communications Commission guidance, state analogues, and enforcement by regulators and state attorneys general also remain in play.
As a practical matter, companies should maintain their existing TCPA compliance programs, including robust prior express written consent workflows where required, clear and functioning opt-out mechanisms, honoring of internal and national do-not-call requests, and consistent recordkeeping across their texting operations. Marketing, compliance, and legal teams should also monitor further appellate activity and any potential Supreme Court review, as the legal landscape may shift again in the near term.
This alert is provided for general information only and does not constitute legal advice. Clients should consult counsel for advice tailored to their specific texting programs and jurisdictions.