In a decision with significant implications for marketers and telecommunications litigators, the U.S. Court of Appeals for the Seventh Circuit has held that the Telephone Consumer Protection Act's private do-not-call provision does not authorize private lawsuits over unwanted marketing text messages. The ruling, issued on July 14, 2026, in Steidinger v. Blackstone Medical Services, reshapes the TCPA litigation landscape within the circuit and introduces a direct conflict with prevailing law in the Ninth Circuit.
At issue was Section 227(c)(5) of the TCPA, which permits private plaintiffs to sue for violations of the statute's do-not-call regulations. The Seventh Circuit concluded that this provision does not encompass text messages, reasoning that text messaging did not exist when Congress enacted the TCPA in 1991. In the panel's view, the statute's original scope cannot be stretched to reach a technology that lawmakers could not have contemplated at the time of enactment.
The practical consequence for businesses operating in Illinois, Indiana, and Wisconsin is substantial. Plaintiffs pursuing private do-not-call claims tied to text-based marketing campaigns will find one of their principal theories of liability foreclosed in the Seventh Circuit. Class action exposure under Section 227(c)(5) for text messaging conduct within these states is meaningfully diminished, though other federal and state consumer protection frameworks continue to apply.
The decision also stands in direct tension with the Ninth Circuit's contrary holding in Howard v. Republican National Committee, which reached the opposite conclusion on whether text messages fall within the reach of the do-not-call provision. This widening split raises the prospect of Supreme Court review and, in the meantime, leaves multi-state marketers to navigate materially different TCPA exposure depending on where recipients are located.
Companies engaged in text-based outreach should reassess their compliance posture with the new circuit landscape in mind. Prudent practice includes maintaining rigorous consent documentation, honoring opt-out requests promptly, and coordinating national campaign practices to account for the most restrictive applicable jurisdiction, while monitoring further appellate and potential Supreme Court developments.
This article is provided for general informational purposes only and does not constitute legal advice. Clients facing specific TCPA compliance questions or litigation risk should seek tailored counsel from qualified attorneys.