In Steidinger v. Blackstone Medical Services (decided on July 14, 2026), the Seventh Circuit Court of Appeals significantly narrowed one avenue of litigation under the Telephone Consumer Protection Act (TCPA) when it held that marketing text messages do not count as “calls” that can support the TCPA’s private right of action. For now, the precedential nature of this decision is limited to the Seventh Circuit, which consists of Illinois, Indiana and Wisconsin.
Whether other federal circuits adopt this reasoning remains to be seen, but the decision is likely to become frequently cited in TCPA litigation involving marketing text messages.
In the lawsuit, consumers alleged they continued receiving promotional text messages advertising home sleep tests even after replying “STOP” and placing their numbers on the National Do-Not-Call Registry. They sued under section 227(c)(5) of the TCPA, which allows private lawsuits by individuals receiving more than one prohibited “telephone call” within a twelve-month period.
But the Seventh Circuit affirmed the trial court’s dismissal of the TCPA claims, concluding that a “telephone call” does not include text messages. The court reasoned that when Congress enacted the TCPA in 1991, a “call” referred to voice communications, whereas text messages constitute a different form of communication. The court also emphasized that elsewhere in the TCPA, Congress distinguished between “calls” and “messages” and therefore the two terms are not interchangeable.
The Steidinger decision represents an important development for businesses that rely on SMS marketing. While companies should continue to maintain strong consent practices, honor opt-out requests promptly and comply with federal and state telemarketing laws, the ruling may provide a significant defense to claims brought specifically under Section 227(c)(5).
Takeaway: The decision is a meaningful win for businesses defending TCPA text message litigation, but for now, its reach is geographically limited so businesses are still better advised to maintain compliant SMS marketing programs rather than relying on this favorable ruling.
