Seventh Circuit Rules that Text Messages are not Telephone Calls Under TCPA’s Private Right of Action - JD Supra
The Seventh Circuit ruled that text messages are not 'telephone calls' under the TCPA's private right of action, potentially limiting consumer lawsuits for unwanted texts.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on August 25, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Medium urgency. SMS marketers, contact centers, lead-gen/affiliates, and any business sending text messages subject to TCPA claims. should confirm how it applies to their specific situation before acting. There is a time constraint attached: No specific deadline provided.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Telemarketing & TCPA Compliance continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
In the Seventh Circuit, text messages are no longer considered 'telephone calls' for purposes of the TCPA's private right of action, which may reduce exposure to class-action lawsuits for unsolicited texts.
Who it affects
SMS marketers, contact centers, lead-gen/affiliates, and any business sending text messages subject to TCPA claims.
What you must do
Review current SMS marketing practices and assess whether they rely on TCPA protections; consider the jurisdictional impact if operating in the Seventh Circuit.
Deadline
No specific deadline provided.
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