TCPA Text Message Investigation — Still Getting Texts After Saying STOP?

TCPA Spam Text Message Investigation - Unwanted Marketing Texts

Published: December 2, 2025

ATTORNEY ADVERTISING

Dapeer Law, P.A.
Rachel Dapeer, Esq.
Licensed in Florida, New York, and New Jersey
Office Location: Hallandale Beach, FL

Are You Still Receiving Marketing Texts After Asking to Stop?

You replied "STOP" or "unsubscribe"—but the texts kept coming. If a company sent you two or more marketing text messages after you asked them to stop, you may have a claim under the Telephone Consumer Protection Act (TCPA). Federal law requires companies to honor opt-out requests, and violations can result in $500 to $1,500 per text message.

Did You Receive Marketing Texts Before 8AM or After 9PM?

Companies are restricted from sending marketing texts outside of reasonable hours. If you received promotional text messages before 8:00 AM or after 9:00 PM in your local time zone, those messages may violate federal telemarketing rules. This is especially common for consumers on the West Coast who receive texts timed for East Coast business hours.

If you received two or more texts during these prohibited hours, you may be entitled to compensation.

What is the TCPA and How Does It Protect You?

The Telephone Consumer Protection Act (TCPA) is a federal law that restricts unwanted calls, texts, and marketing messages. Under the TCPA:

• Companies must obtain your consent before sending marketing texts
• Companies must honor your request to stop receiving messages
• Marketing messages sent at unreasonable hours may be actionable
• Violations can result in $500 per text—or up to $1,500 per text for willful violations

Do I Have a Case? Key Questions

You may have an actionable TCPA claim if:

• You received at least 2 marketing texts after replying STOP, Unsubscribe, Cancel, or similar
• OR you received at least 2 marketing texts before 8:00 AM or after 9:00 PM your local time
• The texts were promotional or marketing in nature (not transactional messages like appointment reminders or order confirmations)

Note: Prior consent does not matter for these violations. Even if you originally signed up, companies must stop when you ask—and cannot text you in the middle of the night.

What Information Do I Need to Submit a Claim?

To evaluate your potential case, please provide:

• Screenshots of the text messages showing the content and timestamps
• If you asked to stop: Screenshot of your STOP message and the texts received after
• If timing violation: Screenshots showing texts received before 8AM or after 9PM (make sure your phone's time is visible)
• The name of the company that sent you the messages (if known)
• Any additional details about the messages or sender

What Compensation Could I Receive?

The TCPA provides for statutory damages of $500 per violation (per text message). If the violation is found to be willful or knowing, damages can increase to $1,500 per text. If you received multiple texts after asking to stop—or multiple late-night/early-morning texts—damages can add up quickly.

Actual outcomes depend on the facts of each case. An attorney can review your evidence and discuss your options. You are not considered a client until you have signed a retainer agreement and your case has been accepted.

Why Are West Coast Consumers Especially Affected?

Many companies send marketing texts based on East Coast time without adjusting for other time zones. A text sent at 6:00 AM Eastern arrives at 3:00 AM Pacific. Consumers in California, Oregon, Washington, and other Western states frequently receive texts outside permitted hours because companies fail to account for the time difference.

If you're on the West Coast and receiving early-morning or late-night marketing texts, you may have a strong case.

Sources

• FCC: Robocalls and Telemarketing
• FTC: Telemarketing Sales Rule Guidance
• 47 U.S.C. § 227: Telephone Consumer Protection Act

For more open class actions keep scrolling below.

Important Disclosures

Submitting information through this page does not create an attorney-client relationship. You are not a client until you sign a written retainer and your case is accepted by Dapeer Law, P.A. Past results do not predict or guarantee similar outcomes. Do not send confidential information through this website or by email until an attorney-client relationship has been established. Dapeer Law, P.A. is located in Hallandale Beach, Florida, and Rachel Dapeer is licensed to practice law in Florida, New York, and New Jersey. When appropriate, the firm may work with other lawyers in other jurisdictions as permitted by applicable rules. The hiring of a lawyer is an important decision and should not be based solely on advertisements. Uploads are used only to evaluate eligibility and will be shared with counsel and service providers as needed.

By submitting your information, you agree to receive communications from Dapeer Law, P.A. You may be contacted by an attorney or law firm to discuss your potential case at no charge to you if you qualify. You also consent to be contacted by telephone, text message, email, or prerecorded voice, which may include autodialed calls or texts, at the number and email you provided. Your consent applies even if your number is on a state or federal Do Not Call list. Consent is not required to obtain legal services. You can opt out at any time.

By submitting this form, you acknowledge and agree to the Terms of Use and the Privacy practices described there. Communications over the Internet or by email may not be secure. The firm will make reasonable efforts to protect your information, but due to the nature of online communications, confidentiality cannot be guaranteed prior to engagement.

The law firm responsible for the content of this page is:

Dapeer Law, P.A.
520 S. Dixie Hwy, #240
Hallandale Beach, FL 33009
954-799-5914

www.dapeer.com