On July 14, 2026, the Seventh Circuit issued a significant decision reshaping the litigation landscape for text message marketing under the Telephone Consumer Protection Act…
On July 14, 2026, the Seventh Circuit issued a significant decision reshaping the litigation landscape for text message marketing under the Telephone Consumer Protection Act (TCPA). In Steidinger v. Blackstone Medical Services, the court held that consumers cannot bring a private cause of action under 47 U.S.C. § 227(c)(5) based solely on the receipt of unwanted text messages sent to numbers listed on the National Do-Not-Call Registry. The court grounded its analysis in the statutory text, concluding that when Congress used the phrase telephone call in the 1991 legislation, it was referring to voice calls only. Notably, the panel declined to defer to the Federal Communications Commission's contrary interpretation, signaling a more restrained approach to agency deference in this context.
The Steidinger decision creates a direct circuit split with the Ninth Circuit's ruling in Howard v. Republican National Committee, which held that text messages qualify as calls under § 227(b). This divergence sets the stage for potential Supreme Court review and, in the interim, produces inconsistent enforcement standards across federal jurisdictions. Plaintiffs and defendants alike now face a fractured legal terrain, with meaningful consequences for where cases are filed and how they are litigated.
For businesses that conduct SMS marketing, the immediate takeaway is one of reduced private-litigation exposure under the Do-Not-Call provision within the Seventh Circuit, but continued risk everywhere else. Companies should reassess their TCPA compliance programs to ensure consent, scrubbing, and internal do-not-call procedures remain robust. Litigation defense strategies should account for the split, and forum considerations may take on renewed importance as plaintiffs' counsel navigate jurisdictional variation. It is equally important to recognize that Steidinger does not eliminate risk. State-level mini-TCPA statutes, many of which expressly address text messaging, continue to operate independently, and the FCC retains its enforcement authority regardless of the Seventh Circuit's holding on private rights of action.
Companies engaged in text message marketing should evaluate the impact of this decision on their specific programs. This article is provided for general informational purposes, and clients are encouraged to seek tailored legal advice regarding their particular circumstances.