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TCPA Update - Seventh Circuit Rejects Private Right of Action for Text Messages Under § 227(c)(5) - JD Supra

Detected July 18, 2026 · in Telemarketing & TCPA Compliance

The Seventh Circuit ruled that there is no private right of action under § 227(c)(5) of the TCPA for text messages, limiting consumer lawsuits to calls only. This reduces litigation risk for SMS marketers in the Seventh Circuit.

Aforeworn detected this change in the Telemarketing & TCPA Compliance space on July 18, 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 operating in the Seventh Circuit (Illinois, Indiana, Wisconsin) should confirm how it applies to their specific situation before acting. There is a time constraint attached: Ongoing; no immediate deadline but consider updating risk assessments 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 § 227(c)(5) does not provide a private right of action for text messages, only for calls. This narrows the scope of TCPA private lawsuits for texts.

Who it affects

SMS marketers, contact centers, lead-gen/affiliates, debt/insurance dialers operating in the Seventh Circuit (Illinois, Indiana, Wisconsin)

What you must do

Review TCPA compliance programs to ensure they still meet other requirements (e.g., consent, opt-out) but note reduced risk of private suits for texts under this specific provision.

Deadline

Ongoing; no immediate deadline but consider updating risk assessments within 30 days.

Source: https://news.google.com/rss/articles/CBMihAFBVV95cUxNZHplVTliOERXTFhUSzh5ekVMZWRmN1MxbUladmd2WC1JQUR1eVliZmZfWmwxdmNPUXBOYm0tVmJ2QkhUMk9XaHF0Tml6anFBc3FkSnpMRDRKTDQ5YkNHeFNfam1iRTVodEswcFZMNHpIT0F4alJHNjJWU2o0VWprWnpwazg?oc=5

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