really really need to update this map!
And like that the tide has officially turned,
In Card v. R.J. Reynolds, 2026 WL 2673068 (M.D.N.C. Sept. 3, 2026) tobacco king R.J. Reynolds walked away from a robotext class action under the TCPA with a motion to dismiss victory.
But the ruling has a wider symbolic impact– the M.D.N.C. just became the 16th different federal district court to hold text messages are not subject to the TCPA’s DNC protections. This compares to 15 holding the opposite.
That means the MAJORITY RULE is now that SMS messages are not calls under the TCPA!
Holy smokes! *snickers*
That SMS would not be actionable under the TCPA’s DNC rules in more than half the nations’ district cots would have been unthinkable just a year ago. But now with the Supreme Court giving district courts the discretion to ignore FCC rulings following the death of Hobbs Act deference we are in a whole new world!
We will keep an eye on all of this, of course.
And you should keep an eye on Deserve to Win 50 with Gayla Huber– we discuss all the biggest TCPA news you need to know RIGHT now to stay ahead of the curve.
Chat soon.
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