Steidinger v. Blackstone Medical Services

Plaintiff filed a consolidated class action complaint against defendant alleging violations of the Telephone Consumer Protection Act and the Florida Telephone Solicitation Act. The defendant moved to dismiss the TCPA claims, arguing that the provision that plaintiff relied on only created a private right of action for phone calls, not text messages. The district court agreed and dismissed the case after declining to exercise supplemental jurisdiction over the remaining state-law claim and plaintiff appealed. The Seventh Circuit affirmed, finding that the language of section 227 of the Act does not permit plaintiffs to file a lawsuit for the receipt of unwanted texts. (PRYOR and MALDONADO, concurring)