Seventh Circuit holds TCPA Do-Not-Call Rules don't cover ...

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1. Watch for other risks and a possible Supreme Court fight. Even where Do-Not-Call exposure is reduced in the Seventh Circuit, aggressive texting can still trigger other claims (such as state mini-TCPA, nuisance, or privacy suits) and reputational harm, especially outside Illinois, Indiana, and Wisconsin. Because other courts may disagree with this ruling, don’t assume nationwide protection. We will continue tracking how other courts and the FCC respond. “It does not remove the need for careful consent practices, opt-out handling, and Do-Not-Call compliance across your text and voice marketing.”

   In Compliance

2. “Last week, the Seventh Circuit ruled in Steidinger v. Blackstone Medical Services that text messages are not “telephone calls” under the Telephone Consumer Protection Act’s (TCPA) Do-Not-Call rules.” This matters for any company running SMS or telemarketing campaigns, but the ruling is narrower than it may sound. Below we explain what happened, how the court reasoned, and what businesses should do next.

   In Consent-based calling exceptions

3. This decision is not a reason to relax your compliance practices. We recommend the following: “Continue processing “STOP” requests and Do-Not-Call registrations for text campaigns exactly as before.” Don't mistake this for a green light on consent. This decision only addresses Do-Not-Call lawsuits. The TCPA's consent rules for autodialed calls and texts, and similar state laws, remain fully in force and still drive most TCPA text-message litigation.

   In Opt-out handling

4. Don't mistake this for a green light on consent. This decision only addresses Do-Not-Call lawsuits. The TCPA's consent rules for autodialed calls and texts, and similar state laws, remain fully in force and still drive most TCPA text-message litigation. “Even where Do-Not-Call exposure is reduced in the Seventh Circuit, aggressive texting can still trigger other claims (such as state mini-TCPA, nuisance, or privacy suits) and reputational harm, especially outside Illinois, Indiana, and Wisconsin.” Steidinger is an important development, but not the final word. It does not remove the need for careful consent practices, opt-out handling, and Do-Not-Call compliance across your text and voice marketing. Nixon Peabody’s Corporate group helps companies navigate evolving TCPA, SMS marketing, and consumer outreach requirements while aligning compliance with business goals. We can assess your current programs, update policies, and help reduce risk across federal and state regimes.

   In State telemarketing rules