What You Need to Know
Last month, Lauren Purdy of Gunster presented oral argument before the U.S. Court of Appeals for the Seventh Circuit on a pivotal, unresolved question under the Telephone Consumer Protection Act (TCPA): whether text messages qualify as "telephone calls" under Section 227(c)(5). Gunster's Traci Rollins previously persuaded the District Court for the Central District of Illinois that texts do not fall within the definition of "telephone call" or "telephone solicitations." Lower courts have split on this issue, making this Circuit Court decision one to watch closely.
Why It's Important
This case carries significant implications for businesses nationwide. Gunster presented a detailed statutory and practical analysis, emphasizing that at no time since the TCPA's 1991 enactment has Congress sought to amend the statute to encompass text messages within Section 227(c)(5). The appellate panel engaged actively with Gunster's argument, as well as that of amicus party the U.S. Chamber of Commerce, probing both the statutory language and its application to evolving technologies. The Court signaled it was seriously weighing the position that text messages do not fall within the applicable provision of the TCPA.
What You Need to Do
- Monitor for the Decision: The Seventh Circuit's forthcoming ruling could squarely resolve the circuit split on whether text messages constitute "telephone calls" under the TCPA, with broad implications for businesses engaged in text-based outreach.
- Assess Your Exposure: If your business sends text messages to consumers, consider how this decision may affect your litigation risk and compliance posture under the TCPA.
- Contact Us: Reach out to Lauren Purdy or Traci Rollins for guidance on how this developing issue may impact your operations.
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