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The question of whether SMS messages constitute calls for purposes of the TCPA’s DNC purposes is now on appeal to the Seventh Circuit Court of Appeals and two fashion brands have recently obtained stays of TCPA class actions leveraging the appeal.
In Richards v. Shein Distribution Corp. 2025 WL 3079658 (S.D. Ind. Nov. 4, 2025) the yesterday court granted the defendant’s request to pause litigation pending the outcome of the appeal in Jones v. Blackstone Med. Servs., LLC, __ F. Supp. 3d __, No. 1:24-CV-01074-JEH-RLH, 2025 WL 2042764, at *1 (C.D. Ill. July 21, 2025).
TCPAWorld readers will remember Jones as the first case to determine SMS messages aren’t calls– a case that came out on the very same day as a decision in Oregon holding the opposite!
The Plaintiff in Jones appealed and the issue is now before the Seventh Circuit (case no. 25-2398.
A briefing schedule has been set.
The Shein win comes on the back of a similar win by Fashion Nova last week in Richards v. Fashion Nova, LLC, No. 1:25-cv-01145-TWP-MKK (S.D. Ind. Oct. 27, 2025), ECF No. 35.
There the court walked through the issue on appeal and determined it would be dispositive of the case against Fashion Nova.
Really interesting rulings here and an important tactical weapon for TCPA defense litigators to leverage. Should help drive swift settlements in these cases– and perhaps fewer filings until this issue is resolved.
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Find Your Next Job !
The question of whether SMS messages constitute calls for purposes of the TCPA’s DNC purposes is now on appeal to the Seventh Circuit Court of Appeals and two fashion brands have recently obtained stays of TCPA class actions leveraging the appeal.
In Richards v. Shein Distribution Corp. 2025 WL 3079658 (S.D. Ind. Nov. 4, 2025) the yesterday court granted the defendant’s request to pause litigation pending the outcome of the appeal in Jones v. Blackstone Med. Servs., LLC, __ F. Supp. 3d __, No. 1:24-CV-01074-JEH-RLH, 2025 WL 2042764, at *1 (C.D. Ill. July 21, 2025).
TCPAWorld readers will remember Jones as the first case to determine SMS messages aren’t calls– a case that came out on the very same day as a decision in Oregon holding the opposite!
The Plaintiff in Jones appealed and the issue is now before the Seventh Circuit (case no. 25-2398.
A briefing schedule has been set.
The Shein win comes on the back of a similar win by Fashion Nova last week in Richards v. Fashion Nova, LLC, No. 1:25-cv-01145-TWP-MKK (S.D. Ind. Oct. 27, 2025), ECF No. 35.
There the court walked through the issue on appeal and determined it would be dispositive of the case against Fashion Nova.
Really interesting rulings here and an important tactical weapon for TCPA defense litigators to leverage. Should help drive swift settlements in these cases– and perhaps fewer filings until this issue is resolved.
More Upcoming Events
Â
Sign Up for any (or all) of our 25+ Newsletters
Â
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. Â
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.Â
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 ©2025 National Law Forum, LLC