Seth Steidinger v. Blackstone Medical Services

Holding: The Seventh Circuit held that the private right of action in Section two two seven subsection c five of the Telephone Consumer Protection Act does not apply to unwanted text messages.
Standard: de novo statutory interpretation
Vote: Panel Decision
Practical effect: The ruling limits the ability of individuals to sue for damages under this specific TCPA provision for unwanted text messages, leaving such issues to be addressed through agency action or other statutory provisions.

The Seventh Circuit affirmed a dismissal of a class action alleging violations of the Telephone Consumer Protection Act. The court held that the statute's private right of action for unwanted telephone calls does not extend to text messages.

Background

Plaintiffs received marketing text messages and calls from Blackstone Medical Services regarding home sleep tests. They filed a consolidated class action alleging violations of the Telephone Consumer Protection Act and the Florida Telephone Solicitation Act. Blackstone moved to dismiss, arguing that the specific TCPA provision relied upon only covers telephone calls, not text messages. The district court agreed and dismissed the case.

The court’s reasoning

The court reviewed the statutory text de novo, focusing on the ordinary public meaning of telephone call at the time of the TCPA’s enactment in nineteen ninety-one. The court found that a telephone call referred to communication via sound, whereas text messages do not reproduce sounds. The court noted that while other subsections of the statute use the broader term telephone solicitation, subsection c five specifically limits the private right of action to telephone calls. The court also observed that Congress amended other parts of the statute to explicitly include text messages but did not do so for subsection c five. The court rejected arguments based on FCC interpretations or congressional inaction, concluding that the private right of action does not extend to text messages.

What it means going forward

The ruling limits the ability of individuals to sue for damages under this specific TCPA provision for unwanted text messages, leaving such issues to be addressed through agency action or other statutory provisions.