Seventh Circuit holds texts are not ‘telephone calls’ under Telephone Consumer Protection Act - JD Supra
The Seventh Circuit ruled that text messages are not 'telephone calls' under the TCPA, limiting the scope of the statute's restrictions on calls to cellular numbers. This decision creates a circuit split and may reduce TCPA liability for SMS marketing in the Seventh Circuit (Illinois, Indiana, Wisconsin), but businesses should be cautious as other circuits may disagree.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on July 20, 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 business sending text messages to consumers in the Seventh Circuit. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Ongoing; monitor for Supreme Court review or FCC clarification.. 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 text messages are not 'telephone calls' under the TCPA, meaning that certain TCPA restrictions (e.g., prior express consent for autodialed calls) may not apply to texts in that circuit.
Who it affects
SMS marketers, contact centers, lead generators, and any business sending text messages to consumers in the Seventh Circuit.
What you must do
Review current SMS compliance practices and assess whether to adjust consent requirements for campaigns targeting the Seventh Circuit, but maintain compliance in other circuits pending further guidance.
Deadline
Ongoing; monitor for Supreme Court review or FCC clarification.
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- Mason v. Bank of America: Res Judicata Bars Duplicate TCPA Action - ACA International
- New York City Adopts ‘Click to Cancel’ Rule - Inside Privacy
- FCC finalizes rule strengthening Robocall Mitigation Database filing requirements - JD Supra
- TCPA Update - Seventh Circuit Rejects Private Right of Action for Text Messages Under § 227(c)(5) - JD Supra
- Seventh Circuit Holds TCPA Do-Not-Call Claims Do Not Cover Text Messages - The National Law Review