Statistics for August 2026 consumer litigation filings are in, and the picture is a mixed one: some statutes rose while others fell. Nonetheless, one trend for 2026 is becoming unmistakable: filings remain up substantially across the board compared to the same period last year.
On September 9, the Federal Communications Commission (FCC) released a Report and Order and Further Notice of Proposed Rulemaking (FNPRM) (FCC-CIRC 2609-05) substantially revising the consent-revocation rules that were set to take effect January 31, 2027 under the Telephone Consumer Protection Act (TCPA). The new rules take effect just 30 days after Federal Register publication, superseding that delayed date entirely, so businesses have far less runway than expected.
On July 20, Pennsylvania Governor Josh Shapiro signed Senate Bill 992 (the Bill) into law, with an effective date of October 19, 2026. The amendments modernize the Telemarketer Registration Act (the Act) for the first time in almost three decades to address today’s technology, including robocalls, text messages, ringless voicemails, and AI-generated messaging and impose new compliance obligations on businesses that contact Pennsylvania consumers by phone or text. Significant changes are discussed below.
On August 26, the Federal Trade Commission (FTC) announced updated fees for telemarketers to access phone numbers listed on the National Do Not Call (DNC) Registry for Fiscal Year 2027, which begins October 1, 2026.
All telemarketers calling consumers in the U.S. are required to download and cross-reference numbers listed on the National DNC
In this episode of The Consumer Finance Podcast, host Chris Willis is joined by colleagues Stefanie Jackman and Brian Hays to discuss the Seventh Circuit’s landmark July 2026 ruling in Steidinger v. Blackstone Medical Services, a unanimous decision holding that text messages do not qualify as “telephone calls” under § 227(c)(5) of the Telephone Consumer Protection Act (TCPA), eliminating a private right of action for National Do Not Call Registry violations based solely on text message communications.
Congress enacted the TCPA in 1991 to address the proliferation of unwanted telephone solicitations. The statute defines “telephone solicitation” as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.” 47 U.S.C. § 227(a)(4) (emphasis added).
Statistics for May 2026 consumer litigation filings are in, and the picture is essentially the reverse of April. After all three major consumer protection statutes posted month-over-month increases in April, the first time that had happened in over a year, all three declined in May.
Statistics for April consumer litigation filings are in, and, for the first time in over a year, all three of the top consumer protection statutes moved up month-over-month. According to a report by WebRecon, court filings under the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), and Fair Credit Reporting Act (FCRA) all increased in April compared to March. This is the first time since March 2025 that all three statutes have been up in the same month. Consumer Financial Protection Bureau (CFPB) complaint volume dipped in April, but is still up year-over-year.
On May 21, a panel of the Seventh Circuit Court of Appeals heard argument in Steidinger v. Blackstone Medical Services on whether text messages are covered as “telephone calls” in § 227(c)(5) of the Telephone Consumer Protection Act (TCPA). While questions asked by judges during oral arguments are no guarantee of how the court will ultimately rule, Judge Thomas K. Kirsch II and Judge Doris L. Pryor appeared skeptical of the plaintiff’s position that Congress intended “telephone call” to include text messaging in 1991. Judge Nancy L. Maldonado did not ask any questions. While we will need to wait for the decision, there is an excellent chance that the panel will hold that plaintiffs cannot sue over marketing text messages under § 227(c)(5), creating a potential circuit split with the Ninth Circuit’s opinion in Howard v. Republican National Committee that will need to be decided by the U.S. Supreme Court.
Statistics for March consumer litigation filings are in with the Fair Credit Reporting Act (FCRA) again leading the pack in terms of increased litigation filings and the Fair Debt Collection Practices Act (FDCPA) not far behind.