As our readers may recall, we have been tracking a pending appeal centered on the question of whether or not there is a private right of action under the Telephone Consumer Protection Act (“TCPA”) for the receipt of text messages. Recently, the United States Court of Appeals for the Seventh Circuit (“7th Circuit”) answered this question and below, we discuss the ruling and its implications for companies that engage in text-based marketing and TCPA compliance in general.
No Private Right of Action for Receipt of Unsolicited Texts Under The TCPA
Codified at 47 U.S.C. § 227(c)(5), the TCPA confers a private right of action to anyone who receives more than one “telephone call” within any 12 month period from or on behalf of the same entity. In Steidinger v. Blackstone Medical Services, Plaintiffs, on behalf of themselves and a putative class, alleged that Defendant violated the TCPA by sending them unsolicited marketing text messages. Plaintiffs further claimed that Defendant violated
