Did a court really say text messages aren't calls under the TCPA?

Yes, twice this week. A federal court in N.D. Alabama and one in M.D.N.C. (in Card v. R.J. Reynolds) both held that SMS text messages do not qualify as calls under the TCPA.

What happened in the R.J. Reynolds case?

In Card v. R.J. Reynolds, 2026 WL 2673068 (M.D.N.C. Sept. 3, 2026), the tobacco company won a motion to dismiss a TCPA robotext class action. It is the first ruling of its kind in a Carolina court.

Does this mean texting is now safe under the Do Not Call rules?

Not universally. These are two district court rulings, not a nationwide rule, and other courts may reach different conclusions.

Friday, September 18, 2026

Two courts rule texts aren't calls under the TCPA, R.J. Reynolds beats class action

A federal court in Alabama and one in M.D.N.C. both ruled this week that text messages don't count as calls under the TCPA, weakening the statute's Do Not Call protections. In the M.D.N.C. case, tobacco company R.J. Reynolds used the same reasoning to get a robotext class action thrown out.

1Lookup Signal Report

75.8% of phone checks on 1Lookup came back mobile on September 18

Across 1,959 checks run on the 1Lookup platform on 2026-09-18, 75.8% came back mobile, up 4.8 points from the trailing seven-day average of 71.0%. Phone number status also ran hot, with 93.8% active, up 5.3 points from baseline. Email deliverability moved the other way, with only 76.8% of checks coming back deliverable, down 5.9 points from the 82.7% trailing average.

Phone line types

1,959 checks

mobile75.8%
landline16%
other line types8.2%

Phone number status

1,959 checks

active93.8%
other line types6.2%

Email deliverability

1,546 checks

deliverable76.8%
undeliverable6.2%
other line types17%

Measured across every completed lookup on the 1Lookup platform for this UTC day. Aggregate only: no customer, organisation or lookup input is published, and any bucket too thin to be anonymous is withheld.

01
N.D. Alabama court holds that text messages are not calls under the TCPA, weakening DNC protections
A federal court in the N.D. Alabama ruled that text messages do not qualify as calls under the TCPA. The ruling continues a trend of courts narrowing the reach of the TCPA's Do Not Call protections when it comes to text messaging.
Why it matters: If texts aren't calls under the TCPA in this jurisdiction, businesses that text prospects on the Do Not Call registry face a narrower legal exposure there than they would for voice calls. This is jurisdiction-specific and courts remain split.
- TCPAWorld
- The National Law Review
02
R.J. Reynolds wins dismissal of TCPA robotext class action as M.D.N.C. becomes first Carolina court to find SMS does not equal calls
In Card v. R.J. Reynolds, 2026 WL 2673068 (M.D.N.C. Sept. 3, 2026), R.J. Reynolds won a motion to dismiss a robotext class action under the TCPA. The ruling marks the first time a court in the Carolinas has held that SMS text messages are not the same as calls under the statute.
Why it matters: A second federal court agreeing that texts are not calls under the TCPA adds weight to that legal theory beyond a single jurisdiction. Businesses defending against robotext class actions now have another citable ruling on their side.
- TCPAWorld

Questions people asked today

Did a court really say text messages aren't calls under the TCPA?: Yes, twice this week. A federal court in N.D. Alabama and one in M.D.N.C. (in Card v. R.J. Reynolds) both held that SMS text messages do not qualify as calls under the TCPA.
What happened in the R.J. Reynolds case?: In Card v. R.J. Reynolds, 2026 WL 2673068 (M.D.N.C. Sept. 3, 2026), the tobacco company won a motion to dismiss a TCPA robotext class action. It is the first ruling of its kind in a Carolina court.
Does this mean texting is now safe under the Do Not Call rules?: Not universally. These are two district court rulings, not a nationwide rule, and other courts may reach different conclusions.

Check your own numbers against this

Why are my calls showing as spam likely? · What share of phone numbers are VOIP? · How many numbers are invalid or disconnected?

Two courts rule texts aren't calls under the TCPA, R.J. Reynolds beats class action

N.D. Alabama court holds that text messages are not calls under the TCPA, weakening DNC protections

R.J. Reynolds wins dismissal of TCPA robotext class action as M.D.N.C. becomes first Carolina court to find SMS does not equal calls

Questions people asked today

Check your own numbers against this