Leave me alone! Companies must comply with text message opt-out requests

Spam text message opt-out: Who’s affected?

Did you send a “STOP” message to a business to opt out after receiving a telemarketing text message? Did you continue to receive annoying telemarketing spam texts even after opting out? The company may owe you a hefty payment.

Federal law requires businesses to maintain an internal do-not-call list and honor any opt-out requests they receive.

Companies in Florida and elsewhere are not allowed to text consumers after they opt out under the federal Telephone Consumer Protection Act (TCPA). On cellphones, if you text back a message with just one word, usually just “STOP,” they are supposed to stop.

Failure to comply with the TCPA can result in steep damages — up to $1,500 per text message — owed to consumers who receive unsolicited text messages.

Can companies text you after you opt out?

When consumers receive a telemarketing text message, the end of the message often contains opt-out instructions. To opt out of future spam texts, consumers may have to respond with “STOP,” “NO,” “END,” “CANCEL” or a similar message. Businesses are required to honor these requests under the Telephone Consumer Protection Act.

The TCPA is a federal law prohibiting businesses from contacting consumers with unsolicited calls, texts or faxes. The law includes a range of protections, including the requirement that businesses provide a clear, automated way for consumers to opt out of future calls or texts, usually through a button on calls or by texting a particular word.

Companies often choose to comply with TCPA opt-out requests through internal do-not-call lists. A do-not-call list contains numbers that have been opted out of receiving calls or text messages. In addition to maintaining an internal do-not-call list, the TCPA requires businesses to honor requests submitted to the National Do Not Call Registry. This list allows consumers to register numbers and indicate they do not want to receive telemarketing calls or texts from businesses.

Can I file a spam text class action lawsuit?

Despite explicit regulations to prevent spam texts, some businesses may fail to honor opt-out requests on internal do-not-call lists. Luckily, consumers who receive text messages after opting out may be able to take legal action with a spam text class action lawsuit.

In February 2022, a Florida woman filed a class action lawsuit calling repeated texts from David’s Bridal “absurd” and claiming that the bridal retailer continued to text her and other customers despite repeated opt-out requests. The texts allegedly continued even after she received explicit confirmation of her opt-out request.

In March 2023, a woman took legal action against Amazon in Oklahoma federal court, arguing that the online retailer continued to text her and other customers with telemarketing offers despite responding “STOP” multiple times. The plaintiff says these texts violated the TCPA and caused her harm in the form of annoyance, invasion of privacy and more.

A Connecticut man filed a similar class action lawsuit against Hallmark in October 2022. According to the TCPA class action lawsuit, the man “repeatedly” attempted to opt out of receiving telemarketing messages from Hallmark but continued to receive the spam texts.

Join a text message opt-out class action lawsuit investigation

Consumers who received text messages from companies despite opting out could have a legal claim. A TCPA class action lawsuit can successfully recover up to $1,500 per violation at trial or a lump sum per recipient through a settlement.

If you opted out of text messages from a company but continued to receive telemarketing spam texts, you may qualify to participate in this TCPA opt-out class action lawsuit investigation.

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