Seventh Circuit Finds Texts Are Not Calls Under TCPA’s DNC Regulations - JD Supra
The Seventh Circuit ruled that text messages are not 'calls' under the TCPA's Do-Not-Call (DNC) regulations, meaning texts to numbers on the DNC list are not automatically prohibited. However, other TCPA rules (e.g., prior express consent for autodialed texts) still apply.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on July 21, 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, debt/insurance dialers should confirm how it applies to their specific situation before acting. There is a time constraint attached: Ongoing; no immediate deadline but should be addressed within 30 days to align with potential regulatory changes.. 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
The Seventh Circuit held that the TCPA's DNC regulations (47 U.S.C. § 227(c)) and related FCC rules do not cover text messages, as texts are not 'calls' under those provisions. This creates a circuit split with other courts.
Who it affects
SMS marketers, contact centers, lead-gen/affiliates, debt/insurance dialers
What you must do
Review current SMS compliance programs to ensure they still comply with other TCPA requirements (e.g., prior express consent for autodialed texts, opt-out mechanisms). Do not assume DNC list scrubbing is unnecessary for texts; monitor for further developments.
Deadline
Ongoing; no immediate deadline but should be addressed within 30 days to align with potential regulatory changes.
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- Seventh Circuit holds texts are not ‘telephone calls’ under Telephone Consumer Protection Act - JD Supra
- New York City Adopts ‘Click to Cancel’ Rule - Inside Privacy
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