Seventh Circuit Holds Text Messages Are Not Calls Under TCPA’s DNC Provision

Plaintiff-Appellant Seth Steidinger filed a class action against Defendant-Appellee Blackstone Medical Services alleging that Defendant repeatedly sent text messages despite Plaintiff allegedly sending repeated “STOP” requests. The District Court granted Defendant’s Motion to Dismiss, finding that Section 227(c)(5) of the TCPA does not apply to text messages. Plaintiff appealed that decision.

On July 14, 2026, the Seventh Circuit affirmed and held that Section 227(c)(5) does not permit plaintiffs to sue for unwanted text messages. The Seventh Circuit reasoned that text messages would not constitute “calls” under the ordinary meaning of the word because text messaging did not exist when the TCPA was enacted in 1991. The Seventh Circuit acknowledged that Section 227(c)(5) likely covered more than just telephone calls as they existed in 1991 but declined to express too much “liberality” in interpreting terms.