United States: Litigation, Mediation & Arbitration

The Seventh Circuit Court of Appeals has ruled that text messages do not constitute "calls" under Section 227(c)(5) of the Telephone Consumer Protection Act (TCPA)...

The third day of the NAW v. Feldon bench trial examined Oregon's Plastic Pollution and Recycling Modernization Act, with witnesses questioning the economic feasibility of the Extended Producer Responsibility program's implementation and its potential impact on supply chains, distribution channels, and producers of varying sizes. Expert testimony explored whether the RMA's fee structures and compliance obligations create constitutional concerns regarding interstate commerce, while Oregon's cross-examination

The Seventh Circuit Court of Appeals has ruled that text messages do not constitute "calls" under Section 227(c)(5) of the Telephone Consumer Protection Act (TCPA), affirming a district court's dismissal of a class action lawsuit. This decision creates a circuit split on whether unwanted text messages can be challenged under this specific provision of the TCPA, potentially setting the stage for Supreme Court review.