Does the TCPA Permit a Private Right of Action for Text Messages? Circuit Courts are Split

In 1991, Congress enacted the Telephone Consumer Protection Act (TCPA)¹ to protect consumers from unwanted and unsolicited telemarketing calls. With technology changing and marketing practices evolving over the past 35 years from telephone calls to text messages, plaintiffs are filing lawsuits nationwide that are testing the TCPA’s scope.

The TCPA has two provisions that create a private right of action for consumers, allowing statutory damages of up to US$500 per violation.²

In 2025, more than 2,800 TCPA lawsuits were filed.³

Under Section 227(b), consumers have a private right of action against callers who make or initiate any “call” that is autodialled or uses an artificial or prerecorded voice. Under Section 227(c), consumers on the National Do-Not-Call Registry who receive “more than one telephone call within any 12-month period” also have a private right of action against callers.

Since 2003, the Federal Communications Commission (FCC) has interpreted “call” to include text messages under Section 227(b) of the TCPA.⁴ Courts have traditionally deferred to the FCC’s interpretation. However, this shifted on June 20, 2025, after the U.S. Supreme Court’s decision in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp.,⁵ which held that courts are not bound by the FCC’s interpretation of the TCPA and must undertake an independent review under ordinary principles of statutory interpretation to determine the meaning of the TCPA, while applying “appropriate respect” to the FCC’s interpretation.

Now that courts no longer must defer to the FCC’s interpretation of the TCPA, court decisions are divided on whether “call” or “telephone call” includes text messages. In January 2026, the U.S. Court of Appeals for the Ninth Circuit held in Howard v. Republican National Committee⁶ that a text message is a “call” within the meaning of Section 227(b) of the TCPA. However, in July 2026, the U.S. Court of Appeals for the Seventh Circuit held in Steidinger v. Blackstone Medical Services⁷ that a text message is not a “telephone call” within the meaning of Section 227(c) of the TCPA.

Ninth Circuit rules that a text message is a “call”

In Howard v. Republican National Committee, the Ninth Circuit ruled that Section 227(b) of the TCPA provided a private right of action for receiving unwanted text messages.

In Howard, the plaintiff filed a proposed class action complaint on behalf of Arizona residents against the Republican National Committee (RNC) after receiving an unwanted automated text message that included an embedded video file, a written message encouraging recipients to vote in the 2020 presidential election, and a URL linking to a website to find a voting location. The plaintiff alleged that the RNC violated Section 227(b) of the TCPA because the text message contained a video with an artificial or prerecorded voice.

The lower court granted the RNC’s motion to dismiss because the RNC did not make or initiate a call using an artificial or prerecorded voice. Although the text message included a video with a prerecorded voice, the video did not play automatically, and recipients had to manually click the video to play it.

On appeal, the Ninth Circuit reviewed whether text messages constitute calls under Section 227(b) of the TCPA. The court did not defer to the FCC’s interpretation that “call” includes text messages under Section 227(b) of the TCPA. Instead, the court found that the dictionary defines “call” as an “attempt to communicate by telephone” and held that “text messaging plainly fits within that literal definition because it is a form of communication between telephones.”

Ultimately, the Ninth Circuit affirmed the lower court’s ruling because the RNC’s text message was not sent using an artificial or prerecorded voice in violation of Section 227(b) of the TCPA.

Seventh Circuit rules that a text message is not a “telephone call”

In Steidinger v. Blackstone Medical Services, the Seventh Circuit ruled that Section 227(c) of the TCPA does not provide a private right of action for receiving unwanted text messages.

In Steidinger, the plaintiffs filed a class action complaint against Blackstone Medical Services after receiving unwanted marketing text messages for home sleep tests, alleging violations of the TCPA and the Florida Telephone Solicitation Act (Fla. Stat. § 501.059(5)). The lower court granted Blackstone’s motion to dismiss, holding that Section 227(c) of the TCPA creates a private right of action for unwanted telephone calls but not for unwanted text messages.

On appeal, the Seventh Circuit reviewed whether text messages constitute telephone calls within the meaning of Section 227(c) of the TCPA. The Seventh Circuit declined to defer to the FCC’s interpretation that “call” includes text messages because that interpretation is limited to Section 227(b) of the TCPA.

The Seventh Circuit held that the definition of “telephone call” does not include text messages based on the ordinary meaning at the time of the TCPA’s enactment in 1991. The Seventh Circuit rejected the plaintiffs’ arguments for a broad interpretation of “telephone call” to include all communications made with a telephone and telephone solicitations. The court noted that while the TCPA defines “telephone solicitation” in part as “the initiation of a telephone call or message,” Section 227(c) specifically limits the private right of action to a consumer who receives “more than one telephone call within any 12-month period,” and that there is no mention of a private right of action for telephone messages or text messages.

Seventh Circuit decision on text messages opens the door for U.S. Supreme Court review

The Ninth and Seventh Circuits each addressed different provisions of the TCPA but issued divergent rulings on whether “call” or “telephone call” includes text messages. In reaching their rulings, both courts did not defer to the FCC’s interpretation that “call” includes text messages under Section 227(b). As other circuit courts review whether a private right of action exists for text messages under the TCPA, the U.S. Supreme Court will likely need to address whether the TCPA extends to text messages to avoid inconsistent rulings.

As lower courts and other circuit courts weigh whether a private right of action exists for text messages under the TCPA, and as state legislatures enact and amend mini-TCPA statutes to include text messages, businesses should develop and review their text message compliance programs. While the Seventh Circuit’s decision in Steidinger benefits defendants with pending TCPA litigation involving text messages in Illinois, Indiana, and Wisconsin, the ruling is limited to lawsuits brought under Section 227(c) of the TCPA.

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¹ Legal Information Institute, “47 U.S. Code § 227 – Restrictions on use of telephone equipment,” accessed September 23, 2026.
² Legal Information Institute, 47 U.S. Code § 227.
³ Webrecon, “Webrecon Dec 2025 Stats & Year in Review,” January 30, 2026.
⁴ Federal Communications Commission, “Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991,” accessed September 23, 2026.
⁵ Supremecourt.gov, “McLaughlin Chiropractic Associates, Inc. v. McKesson Corp.,” accessed September 23, 2026.
⁶ uscourts.gov, “Jacob Howard v. Republican National Committee,” accessed September 23, 2026.
⁷ uscourts.gov, “Seth Steidinger v. Blackstone Medical Services,” accessed September 23, 2026.