The Text Tug of War: How Courts Are Splitting on the TCPA
Is a text the same thing as a phone call? Most people would say, “Of course not.” But under the Telephone Consumer Protection Act (TCPA), that question has now split courts around the country and left businesses, consumers, and lawyers waiting for clarity.
Recent cases show a patchwork of interpretations: some courts insist that a text is a call, others say it clearly isn’t, and a few have put their lawsuits on hold while they wait for higher courts to step in. The Seventh Circuit is shaping up to be the next major battleground, with multiple district courts in its footprint reaching opposite conclusions.
Here’s the current landscape of these cases, and where some Circuits stand on whether texts are calls under the TCPA:
7th Circuit: Mixed Outcomes (Circuit Decision Pending)
Steidinger v. Blackstone Medical Services, No. 1:24-cv-01074-JEH, 2025 U.S. Dist. LEXIS 54414 (C.D. Ill. Mar. 25, 2025). Texts ≠ calls. The court applied a plain reading of the TCPA and distinguished FCC guidance as interpreting a different statutory provision. The case is now on appeal.
Jones v. Blackstone Medical Services, LLC, No. 1:24-cv-01074-JEH-RLH, 2025 U.S. Dist. LEXIS 138371 (C.D. Ill. July 21, 2025). Texts ≠ calls. The court declined to expand the TCPA beyond the statute and noted that Congress could amend the law if it intended to regulate texts.
Richards v. Fashion Nova, LLC, No. 1:25-cv-01145-TWP-MKK, 2025 U.S. Dist. LEXIS 223913 (S.D. Ind. Oct. 27, 2025). Stayed. The court stayed the matter pending the Seventh Circuit’s decision in the consolidated appeal of Steidinger and Jones, finding that a stay would not prejudice the plaintiff and would simplify the litigation.
Richards v. Shein Distribution Corp., No. 1:25-cv-01385-TWP-TAB, 2025 U.S. Dist. LEXIS 219347 (S.D. Ind. Nov. 4, 2025). Stayed. The court followed the same reasoning as in Richards v. Fashion Nova, LLC.
Mujahid v. Newity, LLC, No. 25-cv-8012, 2025 U.S. Dist. LEXIS 221088 (N.D. Ill. Nov. 10, 2025). Texts = calls. The court found that treating texts as calls aligns with the TCPA’s purpose, FCC guidance, and other district-level precedent, creating a direct split within the circuit.
9th Circuit: Texts = Calls
Wilson v. Skopos Financial, LLC, No. 6:25-cv-00376-MC, 2025 U.S. Dist. LEXIS 138638 (D. Or. July 21, 2025). Texts = calls. The court adopted longstanding FCC guidance and found it consistent with congressional intent when the TCPA was enacted.
11th Circuit: Texts ≠ Calls
Davis v. CVS Pharmacy, Inc., No. 4:24-cv-477-AW-MAF, 2025 U.S. Dist. LEXIS 167366 (N.D. Fla. Aug. 26, 2025). Texts ≠ calls. The court relied on the ordinary meaning of “text message” and held it does not fall within the statutory term “call.”
It’s clear that this issue is no longer a one-off disagreement but a trend across multiple jurisdictions. Once the Seventh Circuit weighs in, it could either bring much-needed clarity or deepen the divide if other circuits continue charting their own course.
For now, the safest approach is to treat all texts as calls, keep an eye on appellate developments, and recognize that the legal status of a text is anything but settled.