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Texts Aren’t Calls — Now What? Dismissal, Consent, and Certification in TCPA Text Litigation After Steidinger and Bradford

One circuit has now held that do-not-call text claims fail as a matter of statutory text. Build and defeat the Steidinger motion, map the surviving forums, structure consent discovery, and assess certification viability in a splitting landscape.

2026-09-23 13:00:00

Program Details

2026-09-23 13:00:00

2026-09-23 13:00:00

2h CLE Credits

2026-09-23 13:00:00

Program Details

2026-09-23 13:00:00

Program Details

2026-09-23 13:00:00

Over 1,000+ webinars

2026-09-23 13:00:00

Course Overview

One Circuit Has Ruled. The Other Direction Is Still Open.

2026-09-23 13:00:00

The FCC long told courts that a text message was a telephone call. Loper Bright and McLaughlin ended that deference. On July 14, 2026, the Seventh Circuit acted: Steidinger v. Blackstone Medical Services holds Section 227(c)(5) does not reach text messages.

File in the Seventh Circuit now and the do-not-call count may not survive the pleadings. File in the Ninth, where Howard points the other way, and it likely does. Plead consent loosely after Bradford and class-wide theories collapse; document consent in discovery and predominance becomes the fight.

You leave with a drafted Steidinger motion and a record preserved for appeal. You also get a current forum map, a consent-discovery plan covering vendor data and audit trails, and a candid certification read. These are judgment calls, not lookups.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Deference Collapse
Loper Bright and McLaughlin remove the FCC’s binding authority over what “telephone call” means in the TCPA.
02
Statutory Argument
Steidinger’s reading of Section 227(c)(5) is the argument to build on or dismantle at the pleadings.
03
Circuit Split
Steidinger (7th Cir.) and Howard (9th Cir.) now point opposite directions on the same statutory question.
04
Motion Strategy
Choose the forum, draft the Steidinger motion, and preserve the record for the appeal that follows.
05
Consent Pleading and Proof
Bradford reshapes how consent is pleaded and how website forms, lead-generation records, vendor data, and audit trails are developed in discovery.
06
Certification and Resolution
Predominance and common proof drive certification viability, litigation risk, settlement pressure, and state mini-TCPA exposure.

Program schedule

clock 1:00 pm - 2:00 pm EST

Winning the TCPA Texts-Are-Not-Calls Motion to Dismiss After Loper Bright

The Supreme Court’s decisions in Loper Bright and McLaughlin Chiropractic Associates v. McKesson stripped the FCC of binding authority to tell district courts what “telephone call” means under the TCPA. On July 14, 2026, the Seventh Circuit became the first court of appeals to apply that framework, holding in Steidinger v. Blackstone Medical Services that Section 227(c)(5)’s do-not-call private right of action does not reach text messages. This session gives litigators the tools to build and defeat the “texts aren’t calls” motion to dismiss, map which districts remain favorable now that one circuit has spoken, and position cases for the broader textual fight that Steidinger left open in the TCPA.

Aaron C. TifftAaron C. Tifft
clock 2:10 pm - 3:10 pm EST

Pleading, Proving, and Certifying TCPA Text Claims After Bradford

This session examines how plaintiffs and courts are adjusting to the Fifth Circuit’s Bradford decision and the broader post-Loper Bright TCPA landscape. Rather than focusing on defense-side decertification tactics, the program explores how consent allegations are being pleaded, how consent evidence is being developed in discovery, and how courts are evaluating predominance and common proof in text-message class actions. Attendees will learn practical strategies for structuring consent discovery, addressing individualized consent disputes, and evaluating class certification viability as federal courts continue to diverge on the scope of TCPA text protections.

Ryan L. McBrideRyan L. McBride
Aaron C. Tifft

Aaron C. Tifft

Hall Estill

Ryan L. McBride

Ryan L. McBride

Kazerouni Law Group, APC

Aaron C. Tifft

Aaron C. Tifft

Hall Estill

Aaron C. Tifft is a Shareholder at Hall Estill in Tulsa, Oklahoma, where he has practiced since the beginning of his legal career. His litigation work spans property and real estate disputes, oil and gas matters, and the defense of claims brought under state and federal marketing regulations, including the Telephone Consumer Protection Act. He has defended multiple clients against TCPA and OTSA class action claims, drawing on long-standing personal experience with technology and internet systems to counsel clients on marketing-communication compliance without disrupting their overall messaging strategy. He also handles commercial and residential landlord/tenant litigation and represents energy companies and public utilities in easement acquisition and eminent domain proceedings, including large gathering and transmission line projects across Oklahoma.

Education & Credentials

Mr. Tifft earned his J.D. with highest honors from the University of Tulsa College of Law in 2017, where he served as Editor-in-Chief of the Tulsa Law Review, worked as a student law clerk for the Honorable Jane Wiseman, and was named Most Outstanding Law Student in his graduating class. He received a B.S. in Media with a Public Relations emphasis, summa cum laude, from Oral Roberts University in 2011. He was admitted in Oklahoma in 2017 and is also admitted before the U.S. District Courts for the Northern, Eastern, and Western Districts of Oklahoma and the U.S. Court of Appeals for the Tenth Circuit.

Recognition & Leadership

He received the Tulsa County Bar Association Young Lawyer of the Year Award in 2022 and has been recognized by Super Lawyers as a Rising Star in Civil Litigation: Defense. Within the firm he serves on the Recruitment & Diversity Committee, and he chairs the Pro Bono Committee of the Tulsa County Bar Association.

Professional Involvement

Mr. Tifft is a member of the Tulsa Chapter of Young Professionals in Energy and volunteers with the Tulsa County Bar Association’s Courthouse Assistance Program. He also serves on the Board of Trustees of Riverfield Country Day School.

Experience

Mr. Tifft has practiced at Hall Estill since 2017. His work includes the defense of TCPA and OTSA class actions, counseling on state and federal requirements for marketing communications, complex commercial and general litigation, all forms of commercial and residential landlord/tenant litigation, and eminent domain and easement acquisition matters for infrastructure projects, where he advises clients from early planning and dispute resolution through the complete eminent domain process.
Ryan L. McBride

Ryan L. McBride

Kazerouni Law Group, APC

Ryan L. McBride is a Partner at Kazerouni Law Group, APC, where he manages the firm’s San Diego location and was named a partner in 2023. He is a licensed attorney in Arizona, California, Washington, Utah, and Florida, and his primary responsibility is managing a caseload in each of the five states in which he is licensed. That caseload currently consists of multiple class action, mass tort, and complex civil matters, and he has recently argued a successful appeal before the U.S. Court of Appeals for the Ninth Circuit. He practices in consumer protection because his passion is helping people, and he is conversant in Spanish.

Education & Credentials

Mr. McBride attended Thomas Jefferson School of Law in San Diego, California, where he served as President of the Sports Law Society and as Academics Director for the Student Bar Association, and competed as a member of the school’s National Sports Law Negotiation Competition Team. He graduated cum laude from Arizona State University, where he was a Pat Tillman Scholar and President of the Student-Athlete Advisory Committee, and he later earned a Master’s degree from Arizona State University. He is admitted in Arizona, California, Utah, Washington, and Florida, and before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit.

Recognition & Leadership

Mr. McBride has received the Wiley W. Manuel Certificate for Pro Bono Legal Services and the Pat Tillman Community Leadership Award, an honor he shared with Taitusi “Deuce” Lutui of the Arizona Cardinals and Shane Doan of the Phoenix Coyotes. He leads the firm’s San Diego office and was named a partner in the firm in 2023.

Professional Involvement

He is a member of the Maricopa County Bar Association, the San Diego County Bar Association, and the American Bar Association. Earlier in his career he volunteered at a local domestic violence restraining order clinic.

Experience

Before law school Mr. McBride played number one singles and doubles on the Arizona State University tennis team, then competed on the professional tennis tour before changing direction to serve in the Teach For America Corps while completing his Master’s degree. After law school he started and ran his own law firm. At Kazerouni Law Group he manages the San Diego location and a five-state caseload of class action, mass tort, and complex civil litigation, including appellate work in the Ninth Circuit.
Aaron C. Tifft

Aaron C. Tifft

Hall Estill

Aaron C. Tifft is a Shareholder at Hall Estill in Tulsa, Oklahoma, where he has practiced since the beginning of his legal career. His litigation work spans property and real estate disputes, oil and gas matters, and the defense of claims brought under state and federal marketing regulations, including the Telephone Consumer Protection Act. He has defended multiple clients against TCPA and OTSA class action claims, drawing on long-standing personal experience with technology and internet systems to counsel clients on marketing-communication compliance without disrupting their overall messaging strategy. He also handles commercial and residential landlord/tenant litigation and represents energy companies and public utilities in easement acquisition and eminent domain proceedings, including large gathering and transmission line projects across Oklahoma.

Education & Credentials

Mr. Tifft earned his J.D. with highest honors from the University of Tulsa College of Law in 2017, where he served as Editor-in-Chief of the Tulsa Law Review, worked as a student law clerk for the Honorable Jane Wiseman, and was named Most Outstanding Law Student in his graduating class. He received a B.S. in Media with a Public Relations emphasis, summa cum laude, from Oral Roberts University in 2011. He was admitted in Oklahoma in 2017 and is also admitted before the U.S. District Courts for the Northern, Eastern, and Western Districts of Oklahoma and the U.S. Court of Appeals for the Tenth Circuit.

Recognition & Leadership

He received the Tulsa County Bar Association Young Lawyer of the Year Award in 2022 and has been recognized by Super Lawyers as a Rising Star in Civil Litigation: Defense. Within the firm he serves on the Recruitment & Diversity Committee, and he chairs the Pro Bono Committee of the Tulsa County Bar Association.

Professional Involvement

Mr. Tifft is a member of the Tulsa Chapter of Young Professionals in Energy and volunteers with the Tulsa County Bar Association’s Courthouse Assistance Program. He also serves on the Board of Trustees of Riverfield Country Day School.

Experience

Mr. Tifft has practiced at Hall Estill since 2017. His work includes the defense of TCPA and OTSA class actions, counseling on state and federal requirements for marketing communications, complex commercial and general litigation, all forms of commercial and residential landlord/tenant litigation, and eminent domain and easement acquisition matters for infrastructure projects, where he advises clients from early planning and dispute resolution through the complete eminent domain process.
Ryan L. McBride

Ryan L. McBride

Kazerouni Law Group, APC

Ryan L. McBride is a Partner at Kazerouni Law Group, APC, where he manages the firm’s San Diego location and was named a partner in 2023. He is a licensed attorney in Arizona, California, Washington, Utah, and Florida, and his primary responsibility is managing a caseload in each of the five states in which he is licensed. That caseload currently consists of multiple class action, mass tort, and complex civil matters, and he has recently argued a successful appeal before the U.S. Court of Appeals for the Ninth Circuit. He practices in consumer protection because his passion is helping people, and he is conversant in Spanish.

Education & Credentials

Mr. McBride attended Thomas Jefferson School of Law in San Diego, California, where he served as President of the Sports Law Society and as Academics Director for the Student Bar Association, and competed as a member of the school’s National Sports Law Negotiation Competition Team. He graduated cum laude from Arizona State University, where he was a Pat Tillman Scholar and President of the Student-Athlete Advisory Committee, and he later earned a Master’s degree from Arizona State University. He is admitted in Arizona, California, Utah, Washington, and Florida, and before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit.

Recognition & Leadership

Mr. McBride has received the Wiley W. Manuel Certificate for Pro Bono Legal Services and the Pat Tillman Community Leadership Award, an honor he shared with Taitusi “Deuce” Lutui of the Arizona Cardinals and Shane Doan of the Phoenix Coyotes. He leads the firm’s San Diego office and was named a partner in the firm in 2023.

Professional Involvement

He is a member of the Maricopa County Bar Association, the San Diego County Bar Association, and the American Bar Association. Earlier in his career he volunteered at a local domestic violence restraining order clinic.

Experience

Before law school Mr. McBride played number one singles and doubles on the Arizona State University tennis team, then competed on the professional tennis tour before changing direction to serve in the Teach For America Corps while completing his Master’s degree. After law school he started and ran his own law firm. At Kazerouni Law Group he manages the San Diego location and a five-state caseload of class action, mass tort, and complex civil litigation, including appellate work in the Ninth Circuit.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Pending
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Arkansas
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California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
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Kentucky
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Pending
Maryland
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Massachusetts
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Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs