Each election cycle includes at least one cautionary tale about potential pitfalls of political calling. This one was no exception, as the Northern District of Illinois provided a helpful reminder that, depending on their content, political communications could be considered “solicitations” such that certain calling restrictions apply. See Evers v. CampaignSidekick, LLC, No. 24 CV 11067, 2025 WL 2896818 (N.D. Ill. Oct. 10, 2025).
The Plaintiff in Evers sued CampaignSidekick, a vendor that promotes voter outreach. Specifically, the Plaintiff asserted claims about: (1) using a prerecorded voice; and (2) calling numbers that were on the National DNC Registry.
CampaignSidekick moved to dismiss, arguing that the Plaintiff had not adequately alleged facts that, if true, would establish either claim. The Court let the prerecorded voice claim survive, finding that while the Plaintiff’s list of communications in the Complaint contained only text messages, the list was not necessarily exhaustive.
Notably, however, the court dismissed the do-not-call (DNC) claim. CampaignSidekick had argued that DNC restrictions do not apply to “political text messages,” relying on Berger v. Republican National Committee, 2022 WL 125346 (E.D. Tex. Jan. 12, 2022). In Berger, the Republican National Committee was held to be exempt from DNC restrictions because it was a “political organization.” See, e.g. Deleo v. Nat’l Republican Senatorial Comm., 2021 WL 5083831, at *9 (D.N.J. Nov. 1, 2021) (discussing how “political organizations are exempt” and therefore cannot be liable under 47 U.S.C. § 227(c)); Mainstream Mktg. Services, Inc. v. F.T.C., 358 F.3d 1228, 1234 (10th Cir. 2004) (distinguishing telemarketing solicitations from political fundraising calls). Here, however, CampaignSidekick did not identify itself as, or claim it should be considered, a “political organization.”
Even so, the Court dismissed the DNC claim because it found that the text messages were not “solicitations,” which are defined as communications that encourage the purchase or rental of, or investment in, property, goods, or services. 47 U.S.C. § 227(a)(4). It reasoned that the texts were sent not to sell or lease anything, but for fundraising — without any exchange of goods or services. For example, one text stated: “Your 1,500% GOP match for the FINAL end-of-month deadline was just APPROVED!” Ultimately, even though CampaignSidekick was not an exempt “political organization,” it was still able to defeat the DNC claim on this alternative ground.
To be sure, the Court noted that a text message with some political content could nevertheless still be considered a “solicitation.” Indeed, it quipped that a text reading, “Abraham Lincoln wants you to buy a timeshare,” would not fall outside of the TCPA simply because it contained some political content or had been sent by or for a politician.
