When “STOP” Doesn’t Mean Stop: Your Rights Under the TCPA for Unwanted Promotional Texts
In today’s world, promotional text messages are everywhere, offering deals, discounts, and updates from retailers, restaurants, and service providers. But what happens when you’ve had enough and reply “STOP”—yet the texts keep coming?
Under the Telephone Consumer Protection Act (TCPA), that is not just annoying. It is potentially illegal.
What Is the TCPA
The Telephone Consumer Protection Act (47 U.S.C. § 227) is a federal law designed to protect consumers from unwanted calls, robocalls, and text messages. It restricts businesses from using automated systems, also called autodialers, to contact consumers without prior express consent.
The TCPA also gives consumers the right to revoke consent at any time. Once you revoke consent, companies must stop contacting you.
“STOP” Means Stop
When you reply “STOP” to a promotional text, that message serves as clear notice that you are withdrawing consent. From that point forward, the sender must immediately stop sending messages. If the texts continue after your “STOP” request, the company may be violating the TCPA.
Courts have repeatedly confirmed that a simple “STOP” reply is an effective revocation of consent. Continuing to send automated messages after receiving that command may subject the sender to statutory damages of $500 per violation, and up to $1,500 per message if the violation is willful or knowing.
Common Examples of Violations
- A retailer keeps sending “limited time offer” texts after you have replied “STOP.”
- A fitness club continues sending renewal reminders after you opt out.
- A lender or marketing company uses a third-party texting platform that keeps messaging you despite your unsubscribe request.
Even a small number of texts after an opt-out can add up quickly—both in damages and in potential class action exposure for the sender.
What You Can Do
If you continue to receive texts after replying “STOP,” take these steps:
- Keep screenshots of the texts, including your opt-out message.
- Note the dates and times of each message you receive after opting out.
- Avoid responding further and let the record speak for itself.
- Contact a consumer protection attorney experienced in TCPA cases.
An attorney can help you determine whether you have a valid claim and pursue damages under federal law. Many TCPA cases are handled on a contingency basis, meaning you pay nothing unless money is recovered for you.
Why These Cases Matter
The TCPA is not just about stopping spam. It is about protecting privacy and holding corporations accountable. Every consumer has the right to control who contacts them and how.
When companies ignore “STOP,” they are not just breaking the law—they are disregarding your right to say no.
Contact Us
If you are still receiving promotional text messages after opting out, the attorneys at Francis Mailman Soumilas, P.C. can help. We represent consumers in TCPA, FCRA, and other federal consumer protection matters.
Call us today for a free consultation at 1-877-735-8600.
Frequently Asked Questions About the TCPA and Unwanted Texts
What is the Telephone Consumer Protection Act (TCPA)?
The TCPA is a federal law that protects consumers from unwanted calls, robocalls, and text messages sent using automated systems without consent. It gives consumers the right to opt out and stop communications at any time.
Can I sue if I keep getting texts after replying “STOP”?
Yes. If a company continues to text you after you’ve replied “STOP,” it may be violating the TCPA. You could be entitled to $500 per message, or up to $1,500 per message if the violation is willful or knowing.
What kind of texts are covered under the TCPA?
The TCPA covers promotional or marketing texts sent using automated systems. This includes texts from retailers, gyms, lenders, restaurants, or any business using auto-texting platforms for marketing purposes.
Do I have to pay an attorney to handle my TCPA claim?
No. Most TCPA cases are handled on a contingency basis, which means you pay nothing out of pocket. The attorney only gets paid if money is recovered for you.
How can I stop spam texts for good?
Reply “STOP” to the sender and keep a record of it. If messages continue, contact a consumer protection attorney to help you take legal action under the TCPA.