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You get a marketing text. You reply STOP. The confirmation comes back. And then, more texts. Same company, same pitch, different day.
It’s not just annoying. Under Florida and federal law, it may be illegal. If a company keeps texting after STOP, you could have a claim for compensation. And the company may have to pay you per text. Here, we’ll explain what the law says, what kinds of texts violate it, and what to do next.
The Real Deal
When you reply STOP to a marketing text, the company generally has to stop texting you. One final confirmation text may be allowed, and the law gives companies a short window to process your request. But they don’t get unlimited time, and they don’t get to ignore you.
And if marketing texts continue after your opt-out, each new text may be a separate violation.
Federal rules give companies no more than 10 business days to honor an opt-out. Florida law gives telephone solicitors 15 days after a STOP reply. The Telephone Consumer Protection Act (TCPA) and FCC regulations say that continuing to send marketing texts after a valid opt-out could be a violation (47 U.S.C. § 227(b), 47 C.F.R. § 64.1200). They may also violate Florida’s Telephone Solicitation Act (FTSA) (Fla. Stat. § 501.059).
If the texts are unlawful, damages are calculated per text ($500 to $1,500 per unlawful text), and the company pays your attorney’s fees.
Frequently Asked Questions
Continued marketing texts after a valid opt-out reply may violate the TCPA, the federal law that regulates unwanted marketing calls and texts, and the FTSA, Florida’s law covering certain phone and text solicitations.
Damages are calculated per text: $500 per text for standard violations and up to $1,500 per text for willful violations. The company, not you, is responsible for attorney’s fees if your claim is successful.
Yes, if the texts are marketing or solicitation texts. Once you send an opt-out reply, companies have to stop sending marketing messages to your number. Continuing to text after a valid STOP reply may violate both federal and Florida law.
FCC regulations require companies to act quickly after you opt out. One final confirmation text is allowed. Under FCC rules, companies generally have to honor opt-outs within a reasonable time, no more than 10 business days. Under the FTSA, text-solicitation claims have a 15-day STOP-notice rule. Texts sent after those windows could support your claim.
Potentially, yes. If a company keeps sending marketing texts after you replied STOP, you may have a claim. Your claim could fall under the Telephone Consumer Protection Act (TCPA) and/or the Florida Telephone Solicitation Act (FTSA). Florida residents should reach out to a TCPA lawyer to review the texts and determine whether they may support a case.
You may be able to recover $500 per unlawful text for standard violations and up to $1,500 per text for “willful” violations. Florida’s FTSA carries a similar damages structure. Because damages are per text, a pattern of ignored opt-outs can add to the value of your claim.
Usually, yes. STOP replies apply to marketing and sales texts covered by the TCPA and the FTSA. Transactional texts, like order confirmations, account alerts, and appointment reminders, are different. But if the texts are pitching products, services, or promotions, the company generally has to honor your request.
What Counts as an Illegal Text?
- A marketing text sent after your STOP reply & the processing window
- A sales text sent after the company confirmed your opt-out
- Repeated texts from the same company using different numbers
- Promotional texts that continue after consent was revoked
What Does Replying STOP Do Legally?
Replying STOP tells the company you no longer agree to receive marketing texts. STOP, UNSUBSCRIBE, CANCEL, QUIT, and END are common opt-out replies. They may send one final confirmation that your opt-out was processed. After the process window is closed (FCC gives 10 business days, FTSA gives 15 days), continued marketing texts are prohibited.
Each Text After STOP May Be a Separate Violation
TCPA damages are $500 per unlawful text for standard violations, and up to $1,500 per text for “willful or knowing” violations. (Willful or knowing means the company knew, or should have known, it was violating the law.) The FTSA works similarly.
Because damages are calculated per text, a series of ignored opt-outs can add up quickly. A company that texts you 7 times after you reply STOP hasn’t committed a single violation—they’ve committed 7.
Does Replying STOP Revoke Consent?
Yes. Replying STOP takes back your permission for marketing texts.
Companies frequently try to argue that you gave consent through a form, a checkbox, account signup, or terms of service. Replying STOP revokes whatever consent the company is relying on. Consumers have the right to revoke consent at any time through any reasonable means.
Once you reply STOP, any prior consent for marketing texts is withdrawn. Continued texts are not covered by that prior consent.
What to Do When Your Opt-Out Is Ignored: Step by Step
- Screenshot the full text thread, including your STOP reply, the confirmation text, and every text that came after.
- Save the phone number or short code they’re texting from.
- If they switched numbers, save those texts too.
- Write down what product, service, sale, or promotion they were selling. This helps determine which company is responsible.
- Don’t delete the thread. This is your evidence. It will be important to your claim.
- If you haven’t replied STOP yet, send it before blocking the number, then screenshot the reply and any confirmation.
- Block the number only after the evidence is saved.
- Get a free case review with a TCPA attorney. In many cases, the text thread alone is enough to start a review.
You Said Stop. They Didn’t Listen. Let’s Do Something About It.
Replying STOP should have been the end of it. If a company keeps texting after you said STOP, Bernheim Kelley can look at your texts, determine whether you have a consumer protection case, and help you push for accountability.
FREE case review, ZERO fees or costs to you. Take Real Action today. Call 954-329-0440 or contact us online.
– you are in good hands!
