People who got repeated Empire Auto Protect auto warranty texts while on the National Do Not Call Registry, or after replying STOP, may be covered by a proposed class action alleging the company broke federal do-not-call rules. No class has been certified and there is nothing to file yet.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Empire Auto Protect has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
A proposed class action filed on November 3, 2026 alleges that Empire Auto Protect, LLC, which sells extended warranty coverage for cars, sent marketing texts to a California consumer whose number was on the National Do Not Call Registry and kept texting after the consumer replied STOP. The case, Martin v. Empire Auto Protect, LLC, No. 2:26-cv-03731, is in the U.S. District Court for the Eastern District of California and is assigned to Magistrate Judge Carolyn K. Delaney. It claims violations of the Telephone Consumer Protection Act.The plaintiff, an El Dorado County resident, says their cell phone number has been on the Do Not Call Registry since July 2003 and that they never had a relationship with Empire Auto Protect. Empire Auto Protect, a Delaware company, has not yet responded in court.
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What Does the Complaint Allege?
According to the complaint, the texts began on March 13, 2026, with a message reading “TODAY ONLY- EMPIRE AUTO PROTECT! 49 DOWN + 2 YEARS FREE!” Seven more followed through August 14, 2026, each promoting a short sale, such as a “4 Hour Monster Friday Sale,” a “May 1st Blowout Sale” and a “Mega Friday Sale.”On August 14, 2026, the plaintiff replied that they no longer consented to marketing texts from Empire Auto Protect, ending the message with “STOP.” The complaint alleges three more sales texts arrived anyway, on August 28, September 4 and September 18, 2026, for 11 texts in all. It says any text sent more than ten business days after the STOP reply was unreasonable under the FCC’s rules, and that the company did not have procedures in place to prevent texts to Registry numbers or to people who had opted out.
What the TCPA Says
The TCPA treats text messages as calls. The FCC’s rules bar telephone solicitations to residential numbers on the National Do Not Call Registry without consent, and require companies that telemarket to keep an internal do-not-call list. Since 2025, those rules have said that a reply of “stop” or a similar word to a text is a reasonable way to revoke consent, and that a revocation must be honored within a reasonable time not to exceed ten business days.A person who gets more than one violating call or text in 12 months may sue for up to $500 per message, or up to $1,500 if a court finds the violation willful or knowing.
Who Could Be Covered?
The complaint proposes two nationwide classes, each covering the four years before November 3, 2026:- National Do Not Call class: people who got two or more Empire Auto Protect telemarketing calls or texts in a 12-month period, whose numbers had been on the Registry at least 31 days before the first one, and who had not consented.
- Internal Do Not Call class: people who got an Empire Auto Protect telemarketing call or text more than ten business days after asking the company to stop contacting them.
What Happens Next?
Empire Auto Protect will have a chance to respond to the complaint. The plaintiff, represented by Kazerouni Law Group, APC, would later have to ask the court to certify a class. If the case settles or the plaintiff wins after certification, class members would be notified, and OpenClassActions.com will cover it.Questions
Who would be covered by the Empire Auto Protect lawsuit?
The complaint proposes two nationwide classes covering the four years before November 3, 2026: people on the National Do Not Call Registry who got two or more Empire Auto Protect telemarketing calls or texts in a 12-month period without consenting, and people who got an Empire Auto Protect telemarketing call or text more than ten business days after asking it to stop. No class has been certified.
Does replying STOP count as revoking consent?
Under the FCC's rules, a reply of “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel” or “unsubscribe” to a text message is a reasonable way to revoke consent, and a revocation must be honored within a reasonable time not to exceed ten business days. Whether Empire Auto Protect violated those rules has not been decided.
Is there an Empire Auto Protect settlement or claim form?
No. The lawsuit was filed on November 3, 2026. There is no settlement, certified class or claim form, and Empire Auto Protect has not yet responded in court.
Sources
• Class action complaint, Martin v. Empire Auto Protect, LLC, No. 2:26-cv-03731 (E.D. Cal., filed November 3, 2026)• Docket, Martin v. Empire Auto Protect, LLC, via CourtListener
• 47 C.F.R. § 64.1200, the FCC’s Do Not Call and revocation rules (Cornell Legal Information Institute)
