Do Texts Count as Calls Under TCPA Section 227(c)(5)?

Short Answer

The answer is unsettled outside jurisdictions that have squarely decided the issue. In July 2026, the Seventh Circuit held in Steidinger v. Blackstone Medical Services that text messages are not “telephone calls” within the private right of action in TCPA Section 227(c)(5). That decision is not controlling in the Fifth Circuit or Northern District of Texas. Text messages may still implicate other TCPA provisions, so the statutory subsection matters.

Also Known As

TCPA texts as calls; Section 227(c)(5) text messages; Do-Not-Call text claims.

Expanded Answer

TCPA text-message cases should be analyzed by statutory subsection rather than by assuming that every TCPA reference to a call has the same meaning. Section 227(b) and Section 227(c)(5) use different language and create different causes of action.

Klemchuk’s In-Depth Guide, “How Should a Company Defend a TCPA Lawsuit in the Northern District of Texas?”, identifies this as a developing defense issue for NDTX cases. Earlier authority has treated texts as actionable under other TCPA provisions, but that does not necessarily answer whether a text is a “telephone call” for the narrower private right of action in Section 227(c)(5). For the broader NDTX defense context, see Klemchuk’s Ideate article, Defending TCPA Lawsuits in the Northern District of Texas: Claims, Defenses & Damages [ADD LIVE LINK].

In Steidinger v. Blackstone Medical Services, the Seventh Circuit held on July 14, 2026, that Section 227(c)(5) does not permit a private suit based on unwanted text messages because the statutory phrase “telephone call” does not encompass texts. The court distinguished Section 227(c)(5) from other TCPA provisions and from FCC rules governing broader telephone solicitations.

Steidinger is persuasive rather than controlling authority for a case in the Fifth Circuit. An NDTX defendant facing a Section 227(c)(5) claim based on texts can evaluate the statutory argument while also checking current Fifth Circuit, NDTX, Supreme Court, and FCC developments.

This FAQ does not suggest that text messages fall outside the TCPA generally. The point is narrower: coverage must be analyzed under the particular subsection invoked.

Practical Considerations

Identify the exact statutory subsection and regulation supporting a text-message claim before selecting the defense. Do not rely on a case interpreting Section 227(b) as though it automatically resolves Section 227(c)(5).

Dynamic Law Flag: this FAQ should receive a fresh current-law review immediately before publication and before reliance in a pending Fifth Circuit or NDTX case.

Additional Resources

Related Industry: Cross-Industry

Related Practice Area: Business Litigation; Local Counsel

Related Services: TCPA Defense [ADD LIVE LINK]; Business Litigation; Northern District of Texas Local Counsel

Source Ideate Article: Defending TCPA Lawsuits in the Northern District of Texas: Claims, Defenses & Damages [ADD LIVE LINK]

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This article is provided for informational purposes only and does not constitute legal advice. The appropriate legal strategies depend on the facts and applicable law. The law evolves and this article likely will not be edited to reflect any changes in the law. The laws between jurisdictions also conflict. For all these reasons, you should hire a competent attorney to provide legal advice and you should not rely upon this article for any reason.

FAQ, Business Litigation, Local Counsel, In-House Counsel, Out-of-State LawyersFirm *October 14, 2026Klemchuk PLLC

Do Texts Count as Calls Under TCPA Section 227(c)(5)?