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Seventh Circuit Finds that Private Right of Action for Do-Not-Call Violations Does Not Apply to Text Messages

The Seventh Circuit has become the first federal circuit court of appeals to address whether the TCPA’s Do-Not-Call provision, 47 U.S.C. § 227(c)(5), creates a private right of action for unwanted text messages, holding that it does not and that the provision’s private right of action is limited to phone calls. Steidinger v. Blackstone Med. Servs., No. 25-2398, 2026 WL 2028517 (7th Cir. July 14, 2026) (Kirsch, J.). Our coverage of the lower court decision it affirmed can be found here.

The court based its decision on “the ordinary public meaning of telephone call at the time of the TCPA’s enactment” and “the context provided by surrounding provisions of § 227.” Id. at *1. Regarding the statute’s ordinary public meaning, the court explained that “telephone call” could not have covered text messages in 1991 — when the TCPA was enacted — because the first text message was not sent until the following year. Id. at *2. Further, in 1991, “telephone call” referred to communication via sound. Because text messages do not reproduce sounds, they do not qualify as a new application of that term. Id.

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Southern District of Ohio Finds No Private Right of Action for Caller ID Violations

Among its various restrictions, the TCPA makes it unlawful “to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value.” 47 U.S.C. § 227(e)(1). A single violation of this provision may result in a civil penalty of up to $10,000 — or up to $30,000 “for each day of a continuing violation.” Id. § 227(e)(5). And although the statute expressly provides for enforcement by federal or state regulators, individual consumers have attempted to bring claims under the TCPA for violations of this provision. Recently, the US District Court for the Southern District of Ohio determined that there is no private right of action under section 227(e)(1). See McComb v. Joel Bray Lackey, 2026 WL 1837653 (S.D. Ohio June 25, 2026).

The court concluded that “while certain subsections of § 227 contain explicit private rights of action . . . subsection § 227(e) does not.” Id. at *6. Indeed, this conclusion is in good company; several district courts across the country have similarly found that section 227(e) does not provide a private right of action. See, e.g., Cunningham v. Creative Edge Mrktg., LLC, 2021 WL 3085415 (E.D. Tex. June 16, 2021); McDermet v. John C. Heath, Attorney at Law, PLLC, 2018 WL 627371 (D. Mass. Jan. 30, 2018); Free Conferencing Corp. v. Comcast Corp., 2016 WL 7637664 (C.D. Cal. May 31, 2016); Clark v. Avatar Tech. Phl, Inc., 2014 WL 1342033 (S.D. Tex. Apr. 3, 2014).

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Ohio Federal Court Rules TCPA’s DNC Provision Doesn’t Permit Text Message Lawsuits

A federal judge in the Northern District of Ohio recently held that text messages are not subject to the TCPA’s Do-Not-Call provision because they are not “calls” within the meaning of the statute. Stockdale v. Skymount Prop. Grp., LLC, et al., 2026 WL 591842 (N.D. Ohio Mar. 3, 2026).

In Stockdale, Plaintiff alleged that she received text messages from Defendants for several years after she placed her phone number on the National Do-Not-Call Registry. Defendants moved to dismiss, arguing that the complaint did not state a cognizable claim under the TCPA because the plain language of Section 227(c)(5) is limited to “telephone calls” and does not include text messages.

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Courts in Eleventh Circuit Find No Private Right of Action Under 227(c) for Texts

District courts in the Eleventh Circuit are increasingly finding that the private right of action for violation of the TCPA’s Do-Not-Call provisions does not apply to text messages. More recently, three judges in that Circuit dismissed claims under 47 U.S.C. § 227(c)(5), holding that the statute’s reference to “telephone calls” does not extend to text messages. See Radvansky v. Kendo Holdings, Inc., 23-0214, Dkt. 57 (N.D. Ga. Feb. 12, 2026) (May, C.J.) (entering judgment on the pleadings; this decision is now on appeal before the Eleventh Circuit); Radvansky v. 1-800-Flowers.com, Inc., 2026 WL 456919, at *3-5 (N.D. Ga. Feb. 17, 2026) (Thrash, J.) (granting motion to dismiss); Lopresti v. Nouveau Essentials Mktg. LLC, 2026 U.S. Dist. LEXIS 39599, at *6-13 (M.D. Fla. Feb. 26, 2026) (Lammens, M.J.) (recommendation to enter judgment on the pleadings). The Lopresti court also dismissed a claim under Section 227(b), which restricts the use of automated telephone equipment, for the same reason. Lopresti, 2026 U.S. Dist. LEXIS 39599, at *11-12.

These decisions are consistent with several earlier decisions in the Eleventh Circuit and one in the Central District of Illinois. See McGonigle v. Pure Green Franchise Corp., 2026 WL 111338 (S.D. Fla. Jan. 15, 2026) (Singhal, J.) (granting motion to stay discovery pending resolution of motion to dismiss); El Sayed v. Naturopathica Holistic Health, Inc., 2025 WL 2997759, at *2 (M.D. Fla. Oct. 24, 2025) (Merryday, J.) (granting motion to dismiss); Davis v. CVS Pharm., Inc., 797 F.Supp.3d 1270, 1272 (N.D. Fla. 2025) (Winsor, C.J.) (granting motion to dismiss); see also Jones v. Blackstone Med. Servs., LLC, 792 F.Supp.3d 894 (C.D. Ill. 2025) (Hawley, J.) (granting motion to dismiss; this decision is now on appeal before the Seventh Circuit).

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Florida Federal Court Stays Discovery Pending Decision on Whether Texts Qualify as Calls Under TCPA

A judge in the Southern District of Florida recently granted a defendant’s motion to stay discovery in a case involving alleged violations of the Telephone Consumer Protection Act (TCPA), pending resolution of the defendant’s motion to dismiss arguing that a text is not a “call” within the meaning of the TCPA. See McGonigle v. Pure Green Franchise Corp., 2026 WL 111338 (S.D. Fla. Jan. 15, 2026).

The court explained that “resolv[ing] the issue of whether § 227(c) [of the TCPA] includes a cause of action for text messages by exercising our ‘special competence in resolving statutory ambiguities’” is “a question of law that does not require discovery.” Id. at *2.

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Another Florida Federal Court Finds Do-Not-Call Regulation Inapplicable to Text Messages

A judge in the Middle District of Florida recently dismissed Do-Not-Call claims under the TCPA, holding that “a text message is not a telephone call.” El Sayed v. Naturopathica Holistic Health, Inc., 2025 WL 2997759, at *2 (M.D. Fla. Oct. 24, 2025).

The court explained that “it is only th[r]ough the rulemaking authority of the FCC that the voice call provisions of the TCPA have been extended to text messages. … However, a District Court is not bound by the FCC’s interpretation of the TCPA.” Id. at 1.

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Second Court Rules Do-Not-Call Regulation Does Not Apply to Text Messages

A Florida federal court recently dismissed Do-Not-Call claims, holding that “a text message is not a ‘telephone call.’” Davis v. CVS Pharm., Inc., No. 24-0477, 2025 WL 2491195 (N.D. Fla. Aug. 26, 2025).

In Davis, the plaintiff alleged that CVS sent him unwanted text messages in violation of regulations prohibiting calls to individuals registered on the Do-Not-Call Registry. See 47 U.S.C. § 227(c)(5); 47 C.F.R. § 64.1200(c)(2).

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McLaughlin and Loper Bright Lead to Decision That TCPA Does Not Apply to Texts

A federal court recently dismissed Do-Not-Call claims after finding that, “based on a plain reading of the TCPA and its implementing regulations,” 47 U.S.C. § 227(c) “does not apply to text messages.” Jones v. Blackstone Med. Servs., LLC, No. 1:24-cv-01074, 2025 WL 2042764 (C.D. Ill. July 21, 2025).

In Jones, the plaintiffs alleged that they had received telemarketing texts about the defendant’s home sleep tests, despite their having placed their numbers on the National Do-Not-Call Registry and/or asking to be placed on the defendant’s Do-Not Call list. (Although they also made passing references to “calls” as well as “texts,” the court found that those allegations were neither well pleaded nor the crux of the claim.) They filed suit under 47 U.S.C. § 227(c), which concerns violations of Do-Not-Call rules.

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Supreme Court Decides McLaughlin Chiropractic Associates v McKesson Corp.

On June 20, 2025, the U.S. Supreme Court decided McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., No. 23-1226, holding that the Hobbs Act does not bind district courts in civil enforcement proceedings to a federal agency’s interpretation of a statute.

The Telephone Consumer Protection Act (TCPA) prohibits a business from sending an “unsolicited advertisement” by fax to a “telephone facsimile machine” absent an opt-out notice informing recipients that they can choose not to receive future faxes. A recipient of a fax that lacks the required opt-out notice may sue the sender for damages and injunctive relief. The TCPA sets a floor of $500 in damages for each unlawful fax.

Read the full article on the Faegre Drinker website.