United States Court of Appeals For the Seventh Circuit ____________________ No. 24-1623 JAMES C. HULCE, on behalf of himself and all others similarly situated, Plaintiff-Appellant,

v. ZIPONGO INC., Defendant-Appellee. ____________________

Appeal from the United States District Court for the Eastern District of Wisconsin. No. 23-cv-159 — Lynn Adelman, Judge. ____________________

ARGUED NOVEMBER 12, 2024 — DECIDED MARCH 17, 2025 ____________________

Before SYKES, Chief Judge, and BRENNAN and ST. EVE, Cir- cuit Judges. ST. EVE, Circuit Judge. Zipongo Inc., which does business as Foodsmart, called and texted James Hulce about free nutri- tional services it offered through Hulce’s state and Medicaid funded healthcare plan. In response, Hulce brought a puta- tive class action suit against Foodsmart alleging that it vio- lated the Telephone Consumer Protection Act (“TCPA”) and 2