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On July 14, the U.S. Court of Appeals for the Seventh Circuit held that text messages are not “telephone calls” covered by the private right of action in Section 227(c)(5) of the Telephone Consumer Protection Act. The court affirmed the dismissal of a consolidated class action alleging that a medical services provider sent consumers marketing texts and calls after they opted out or registered their numbers on the National Do-Not-Call Registry.
Section 227(c)(5) permits a consumer who receives more than one telephone call within a 12-month period in violation of Federal Communications Commission regulations to seek injunctive relief and statutory damages. The Seventh Circuit concluded that the provision does not authorize claims based on unwanted texts. Specifically, the court:
The court also distinguished a Ninth Circuit’s January 2026 decision holding the opposite. The Ninth Circuit concluded that a text can qualify as a “call,” but it interpreted Section 227(b), which contains different language and a broader private right of action. Accordingly, the decisions create tension over how the TCPA treats text messages, but do not squarely interpret the same statutory provision.
Putting It Into Practice: The decision narrows one avenue of TCPA class action exposure for businesses sending marketing texts in Illinois, Indiana, and Wisconsin, but its impact is limited. The Seventh Circuit addressed only the private right of action under Section 227(c)(5), and its reasoning does not eliminate potential claims under Section 227(b), state telemarketing statutes, or other provisions governing text-message campaigns. Given the split between the Seventh and Ninth Circuit, we will monitor to see if the Supreme Court tries to resolve the issue.
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Find Your Next Job !
On July 14, the U.S. Court of Appeals for the Seventh Circuit held that text messages are not “telephone calls” covered by the private right of action in Section 227(c)(5) of the Telephone Consumer Protection Act. The court affirmed the dismissal of a consolidated class action alleging that a medical services provider sent consumers marketing texts and calls after they opted out or registered their numbers on the National Do-Not-Call Registry.
Section 227(c)(5) permits a consumer who receives more than one telephone call within a 12-month period in violation of Federal Communications Commission regulations to seek injunctive relief and statutory damages. The Seventh Circuit concluded that the provision does not authorize claims based on unwanted texts. Specifically, the court:
The court also distinguished a Ninth Circuit’s January 2026 decision holding the opposite. The Ninth Circuit concluded that a text can qualify as a “call,” but it interpreted Section 227(b), which contains different language and a broader private right of action. Accordingly, the decisions create tension over how the TCPA treats text messages, but do not squarely interpret the same statutory provision.
Putting It Into Practice: The decision narrows one avenue of TCPA class action exposure for businesses sending marketing texts in Illinois, Indiana, and Wisconsin, but its impact is limited. The Seventh Circuit addressed only the private right of action under Section 227(c)(5), and its reasoning does not eliminate potential claims under Section 227(b), state telemarketing statutes, or other provisions governing text-message campaigns. Given the split between the Seventh and Ninth Circuit, we will monitor to see if the Supreme Court tries to resolve the issue.
More Upcoming Events
Sign Up for any (or all) of our 25+ Newsletters
You are responsible for reading, understanding, and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free-to-use, no-log-in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates, or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys, or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.
Under certain state laws, the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 2070 Green Bay Rd., Suite 178, Highland Park, IL 60035 Telephone (708) 357-3317 or toll-free (877) 357-3317. If you would like to contact us via email please click here.
Copyright ©2026 National Law Forum, LLC