By: Jeffrey Backman, Esq. and Roy Taub, Esq.
A recent decision from the U.S. Court of Appeals for the Seventh Circuit has created an important distinction for businesses and consumers navigating the Telephone Consumer Protection Act (TCPA). In Steidinger v. Blackstone Medical Services, the court held that text messages are not considered “telephone calls” for purposes of a specific TCPA provision that allows private lawsuits based on unwanted calls.
While unwanted text messages remain subject to other laws and regulations, the ruling narrows the ability of consumers to sue under Section 227(c)(5) of the TCPA solely because they received marketing text messages.
What Happened?
The case arose after several individuals sued Blackstone Medical Services, alleging they received repeated marketing text messages and phone calls promoting home sleep tests. According to the plaintiffs, they continued receiving communications even after attempting to opt out and registering their numbers on the National Do-Not-Call Registry.
The plaintiffs brought claims under both the TCPA and Florida’s Telephone Solicitation Act. The key issue centered on whether the TCPA provision allowing private lawsuits for unwanted “telephone calls” also applies to text messages.
A federal district court dismissed the TCPA claims, concluding that the statute’s private right of action applies only to telephone calls—not text messages. The plaintiffs appealed, and the Seventh Circuit was asked to answer a single question:
Are text messages considered “telephone calls” under Section 227(c)(5) of the TCPA?
The court’s answer was clear: No.
Why the Court Reached That Conclusion
The Seventh Circuit focused on the language Congress used when it enacted the TCPA in 1991.
At that time, a telephone was commonly understood as a device used to transmit sound, and a call referred to communication through that device. Because text messaging did not exist when Congress passed the statute, the court examined whether modern text messages fit within the ordinary meaning of a “telephone call.”
The court concluded they do not.
In simple terms, the judges reasoned that:
- A call is traditionally a sound-based communication.
- A text message is a written communication.
- Congress knew how to distinguish between calls and messages when drafting the TCPA.
- In other parts of the statute, Congress used broader language such as “telephone solicitation,” which might include both calls and messages.
- The section at issue, however, refers only to “telephone calls.”
Because Congress chose narrower wording, the court declined to expand the statute beyond its plain language.
The Importance of Congress’s Word Choice
A key part of the Seventh Circuit’s decision was the specific language Congress used in the TCPA. While other provisions refer broadly to “telephone solicitations,” which might include calls and messages, Section 227(c)(5) discusses only unwanted “telephone calls.”
The court emphasized that when Congress uses different terms in different parts of a statute, it generally intends different meanings. Had Congress wanted this provision to cover text messages, it could have used broader language. The court also noted that elsewhere in the TCPA, text-based communications such as faxes are treated as “messages,” not “calls,” thereby reinforcing that distinction.
What About Previous Cases Saying Texts Are Calls?
Steidinger pointed to prior court decisions that had treated text messages as calls under the TCPA. The Seventh Circuit explained that those cases involved a different section of the statute—Section 227(b)—which contains different language and serves a different purpose.
As a result, those decisions did not control the outcome here.
The court also rejected arguments that technological changes should automatically expand the meaning of statutory language. Simply because text messaging is now a common form of communication does not mean courts can rewrite a statute that was drafted using more specific terminology.
What the Decision Means for Businesses
The ruling is significant because it narrows potential liability under Section 227(c)(5) within the Seventh Circuit.
Businesses facing claims based solely on marketing text messages may now have a stronger defense against lawsuits brought under that specific TCPA provision. However, companies should not view the decision as a free pass for text marketing campaigns.
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