7th Circuit Rules Texts Aren't 'Calls' Under TCPA's Do-Not-Call Rule
The Seventh Circuit holds that text messages aren't 'telephone calls' under the TCPA.
Why it matters: This ruling reshapes compliance for businesses using text messaging in outreach, affecting legal teams and compliance policies nationwide.
- On July 14, 2026, the Seventh Circuit ruled in Steidinger v. Blackstone Medical Services that texts aren't covered by TCPA's do-not-call provisions.
- It's the first federal appellate court to reach this conclusion, diverging from the Ninth Circuit's January 2026 ruling.
- The Northern District of Ohio also held in March 2026 that texts aren't 'telephone calls' under the TCPA.
- The split creates legal uncertainty for businesses using text messaging in marketing across different jurisdictions.
On July 14, 2026, the Seventh Circuit Court of Appeals issued a groundbreaking decision in Steidinger v. Blackstone Medical Services, holding text messages do not qualify as "telephone calls" under Section 227(c)(5) of the Telephone Consumer Protection Act (TCPA). This ruling marks the first time a federal appellate court has interpreted the TCPA's do-not-call provisions as excluding text messages.
Previously, the Ninth Circuit held in January 2026 that text messages do qualify as calls under the TCPA, creating a direct conflict with the Seventh Circuit's ruling. Adding to the divergence, the Northern District of Ohio also determined in March 2026 that texts do not qualify as telephone calls.
Legal experts Mark S. Eisen and David M. Krueger of Benesch Law noted, "The Seventh Circuit's opinion becomes the first Circuit to reach this conclusion—and does so in a thorough and straightforward manner." This judicial split highlights the increasing complexity businesses face when navigating communication compliance under the TCPA.
Because the ruling specifically addresses Section 227(c)(5), its implications for other TCPA sections remain unclear. The ongoing circuit split also leaves businesses uncertain about obligations depending on their jurisdiction, complicating compliance efforts for in-house counsel and legal operations teams managing telemarketing and outreach policies that include text messaging.
By the numbers:
- July 14, 2026 — Seventh Circuit ruling in Steidinger v. Blackstone Medical Services
- March 3, 2026 — Northern District of Ohio ruling in Stockdale v. Skymount Property Group
- January 13, 2026 — Ninth Circuit ruling in Howard v. Republican National Committee
Yes, but: The ruling only interprets Section 227(c)(5) of the TCPA, so other sections regulating telemarketing calls may still apply to text messages, maintaining some compliance uncertainty.
What's next: Further appellate decisions are expected to resolve the split among federal courts, which will clarify TCPA coverage of text messages nationwide.