Seventh Circuit Rules Text Messages Are Not 'Telephone Calls' Under TCPA's Private Right of Action
The Seventh Circuit Court of Appeals has ruled that text messages do not constitute 'telephone calls' under the private right of action provision of the Telephone Consumer Protection Act (TCPA), specifically 47 U.S.C. § 227(c)(5). This decision, made in the case of Steidinger v. Blackstone Medical Services, departs from previous interpretations by the Federal Communications Commission (FCC) regarding other TCPA provisions. The court determined that the ordinary public meaning of 'telephone call' at the TCPA's enactment in 1991 referred to communication via sound, predating the first text message. Furthermore, the court noted that other sections of the TCPA distinguish between 'calls' and 'messages,' suggesting Congress understood this difference. This ruling is significant as it is the first appellate decision to address the meaning of 'telephone call' under § 227(c)(5) following the 2025 Supreme Court decision in McLaughlin Chiropractic Associates v. McKesson Corporation, which stated that courts are not ... 
