7th Circuit Sends Wake-Up Call to TCPA Litigants. Is SCOTUS Next?

Litigation attorney Cory Eichhorn was cited in a National Law Journal article exploring a novel U.S. Court of Appeals for the Seventh Circuit ruling that text messages are not "calls" under a specific provision of the Telephone Consumer Protection Act (TCPA) that allows lawsuits over unwanted marketing communications. The case centers on Section 227(c)(5) of the TCPA, which creates a private right of action for anyone who has received more than one telephone call within a 12-month period by or on behalf of the same entity, with the panel holding that this part of the law does not cover text messages. The decision, the first federal appellate ruling on the issue, puts the Seventh Circuit at odds with other courts' interpretations and raises questions about whether the U.S. Supreme Court will ultimately need to resolve the split. Mr. Eichhorn commented on the outcome's significance.

"The Seventh Circuit is an influential court, and I would expect the decision to carry weight in other districts throughout the country," he stated.

READ: 7th Circuit Sends Wake-Up Call to TCPA Litigants. Is SCOTUS Next?