By Timothy S. Donahue
Top Takeaways:
- Case dismissed: A North Carolina federal judge tossed a proposed class action accusing R.J. Reynolds of sending unsolicited marketing texts.
- Supreme Court shift: The judge relied on a recent Supreme Court ruling that the TCPA provision governing unwanted calls does not extend to text messages.
- Short-lived case: The lawsuit was filed in May by Shawn Card and sought statutory damages and an injunction against Reynolds.
R.J. Reynolds has texted its way out of a proposed class-action lawsuit.
A federal judge in North Carolina dismissed a proposed class action on Thursday, accusing R.J. Reynolds Tobacco Co. of violating federal law by sending unsolicited marketing text messages.
U.S. District Judge Catherine C. Eagles of the Middle District of North Carolina granted Reynolds’ motion to dismiss, relying on a recent U.S. Supreme Court decision that held the Telephone Consumer Protection Act provision at issue does not apply to text messages.
Shawn Card filed the lawsuit in May, alleging that Reynolds promoted and marketed its products by sending unsolicited text messages to wireless phone users, violating the TCPA.
Card sought to represent a proposed class of recipients and requested statutory damages and an injunction. His complaint alleged that the messages caused “invasion of privacy, harassment, aggravation, and disruption of the daily life” of recipients.
But the legal basis for the claim changed while the case was pending.
Eagles cited the Supreme Court’s recent interpretation of the TCPA to dismiss the case, concluding that the statutory prohibition Card relied on did not cover the text messages alleged in his complaint.
The case is Shawn Card v. R.J. Reynolds Tobacco Holdings Inc., No. 1:26-cv-00433.
The decision gives Reynolds an early victory in a case filed less than four months ago and illustrates the immediate impact the Supreme Court’s TCPA ruling could have on similar lawsuits involving unsolicited marketing texts.
