Breaking: Seventh Circuit Confirms a Text Message Is Not a "Call" Under the TCPA's Do-Not-Call Private Right of Action

Breaking: Seventh Circuit Confirms a Text Message Is Not a “Call” Under the TCPA’s Do-Not-Call Private Right of Action

Ecommerce Innovation Alliance

July 14, 2026

The wait is over. In our earlier coverage — Seventh Circuit Weighs Whether a Text Message Is Really a "Call" Under the TCPA — we reported on oral argument in Steidinger v. Blackstone Medical Services and the panel's pointed questions about whether a 1991 statute reaches modern text messaging. Today the U.S. Court of Appeals for the Seventh Circuit answered. In a unanimous decision authored by Judge Kirsch, the court held that a text message is not a "telephone call" within the meaning of the TCPA's private right of action for Do-Not-Call violations.…

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Federal Court Concludes TCPA Does Not Apply to Text Messages: What the Jones v. Blackstone Decision Means for Your SMS Text Marketing

Seventh Circuit Weighs Whether a Text Message Is Really a “Call” Under the TCPA

Ecommerce Innovation Alliance

June 9, 2026

The U.S. Court of Appeals for the Seventh Circuit heard oral arguments in Steidinger v. Blackstone Medical Services as it prepares to weigh in on the critical debate over whether a text message should be treated as a “telephone call” under the TCPA. For ecommerce businesses that rely on SMS marketing, customer engagement texts, and automated messaging tools, the outcome could have major implications for future TCPA litigation and compliance obligations.…

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Rabbitt v. Rohrman - Is a Text Message a Call for TCPA and Do Not Call (DNC)

When Is a Text a “Call”? Courts Remain Split and Ecommerce Businesses Are Caught in the Middle

Ecommerce Innovation Alliance

April 10, 2026

The legal landscape around SMS marketing is becoming more complex and more consequential for ecommerce businesses. A recent Illinois federal court decision in Rabbitt v. Rohrman Midwest Motors adds new momentum to a growing divide among courts: whether a text message qualifies as a “call” under the Telephone Consumer Protection Act (TCPA). In Rabbitt v. Rohrman, the court concluded that it can. This brings SMS messages within the scope of the TCPA’s Do Not Call (DNC) rules.…

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McLaughlin v. McKesson - District Courts Are Split Over Whether “Telephone Call” Means “Text Message”

District Courts Are Split in Grappling Over Whether “Telephone Call” Means “Text Message” Under TCPA’s Private Right of Action for DNC Violations

Artin Betpera

December 22, 2025

The Supreme Court’s opinion in McLaughlin v. McKesson has ushered in a new era for TCPA litigation, and opened doors to challenges that defendants were precluded from making prior to the Supreme Court’s decision.  The most recent litigation battleground McLaughlin has opened is the question of whether the words “telephone call” used in 47 U.S.C. § 227(c)(5) means “text message”. …

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Federal Court Allows TCPA Claims for Company’s Failure to Include Its Name in Marketing Texts: Why We Believe The Court Got it Wrong

Federal Court Allows TCPA Claims for Company’s Failure to Include Its Name in Marketing Texts: Why We Believe The Court Got it Wrong

Ecommerce Innovation Alliance

August 12, 2025

In Newell v. JR Capital, LLC, a federal judge in the Eastern District of Pennsylvania recently addressed a motion to dismiss a claim alleging violations of the Telephone Consumer Protection Act (TCPA) related to marketing text messages. The plaintiff, Jourey Newell, claimed that JR Capital sent him five telemarketing text messages without required caller identification information, specifically JR Capital's name, which he alleged violated 47 C.F.R. § 64.1601(e). …

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Federal Court Concludes TCPA Does Not Apply to Text Messages: What the Jones v. Blackstone Decision Means for Your SMS Text Marketing

Federal Court Concludes TCPA Does Not Apply to Text Messages: What the Jones v. Blackstone Decision Means for Your SMS Marketing

Ecommerce Innovation Alliance

July 31, 2025

A recent ruling in Jones v. Blackstone Medical Services, LLC by a federal court offers an important interpretation of the TCPA concerning Do-Not-Call claims and text messages. This decision, delivered on July 21, 2025, from the Central District of Illinois, found that the specific section of the TCPA governing Do-Not-Call rules – 47 U.S.C. § 227(c) – does not apply to text messages.…

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