Seventh Circuit Holds TCPA Do-Not-Call Claims Do Not Cover Text Messages - The National Law Review
The Seventh Circuit ruled that TCPA do-not-call claims do not apply to text messages, limiting liability for SMS marketers under the DNC provisions.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on July 17, 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 generators, and any entity sending marketing texts to numbers on the DNC registry. should confirm how it applies to their specific situation before acting. There is a time constraint attached: No immediate deadline, but monitor for circuit splits or FCC guidance; reassess risk within 30 days.. 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 do-not-call rules (47 U.S.C. § 227(c)) and related regulations do not cover text messages, only voice calls. This narrows the scope of potential TCPA claims for texts.
Who it affects
SMS marketers, contact centers, lead generators, and any entity sending marketing texts to numbers on the DNC registry.
What you must do
Review current compliance practices to ensure reliance on DNC registry for texts is not the sole basis; continue to obtain prior express consent for autodialed texts under § 227(b).
Deadline
No immediate deadline, but monitor for circuit splits or FCC guidance; reassess risk within 30 days.
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