Steidinger v. Blackstone Medical Services, No. 25-2398, 2026 WL 2028517 (7th Cir. July 14, 2026)
Guided by the plain language of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), the U.S. Court of Appeals for the Seventh Circuit concluded that text messages “do not fall within the private right of action created by § 227(c)(5),” affirming the district court’s dismissal of Plaintiffs’ consolidate class action.
Case Background
After allegedly receiving numerous marketing text messages from Defendant, multiple Plaintiffs filed a consolidated class ...
Brian Clark v. Via Renewables, Inc., No. 24-cv-00568-JSC, 2026 WL 1805735 (N.D. Cal. June 23, 2026)
Background
Plaintiff filed a putative class action alleging two violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA) based on 10 artificial pre-recorded voice calls to his residential telephone line. He filed a motion for class certification, which was denied, then a renewed motion, which was also denied and Plaintiff appealed.
Thereafter, Defendant caused a courier to deliver $45,001 in cash to Plaintiff’s counsel’s office accompanied by a letter ...
Butera v Sugarhouse Real Estate Group, L.C., No. 2:25cv00014 DAK-DAO, 2025 WL 1798968 (D. Utah June 30, 2025)
Background
Plaintiff, who registered his number on the National Do Not Call registry (“DNC”) in 2015, listed a piece of property for sale through a brokerage not affiliated with Defendant in 2020. The listing expired and Plaintiff decided not to relist the Property, after which time he began receiving numerous unsolicited calls and text messages from real estate agents and brokers. In 2024, Plaintiff received a call from Defendant. He did not answer the call but about an ...
After receiving a text message from Defendant advertising Defendant’s products, Plaintiff texted “stop,” his request was acknowledged but Defendant sent him three more text advertisements over a nine day period. Apparently, feeling aggrieved by receipt of the three additional texts, Plaintiff filed a class action lawsuit, claiming that Defendant violated 47 C.F.R. § 64.1200(d), which requires that Parties making certain calls: (1) have written do-not-call procedures for maintaining a do-not-call list; (2) provide training to employees regarding the existence and ...
Schwartz v. Bamz Enterprises, LLC, No. 1:23-cv-608, 2025 WL 1371433 (S.D. Ohio May 12, 2025)
Plaintiff filed suit, claiming Defendant violated the Telephone Consumer Protection Act (“TCPA”) when he received multiple telemarketing calls to his cell phone although his number was listed on the National Do Not Call Registry. According to Plaintiff, he received six calls from individuals who identified themselves by different names, attempting to sell him medical test kits. The first call discussed a cancer testing kit. The remaining calls each purported to offer free COVID test ...