“NO STOP”: TCPA Defendant Tries to Double Negative Its Way Out of a Class Action (It Doesn’t Work)

2 Comments

So to a TCPA defendant down in Florida the phrase “No Stop” apparently means “yes continue” and that’s just a little too date rapey for me.

In Blosley v. A Bradley Hospitality 2025 WL 2686984 (S.D. Fl. Sept 19, 2025) a Plaintiff allegedly responded “no stop” to a series of allegedly unwanted text messages from the Defendant.

Rather than accept this as a revocation of consent, the Defendant went full drunken frat boy and argued “no stop” actually meant Plaintiff wanted the messages to continue.

In the Defendant’s view the phrase should be read to say “don’t stop” as opposed to “no, stop.” In fact Defendant argued that not only was Plaintiff’s phrase not a revocation but it was ACTUALLY AFFIRMATIVE CONSENT to continue the messaging:

Defendant contends that pursuant to 47 C.F.R. 64.1200(a)(1), there can be no TCPA violation where a plaintiff expressly consents to receiving the text and has not otherwise revoked that consent since that individual would no longer be on the entity’s do-notcall list. Defendant argues that the phrase “No stop” indicated to the Defendant that it should continue to send the telemarketing messages to Plaintiff’s phone number and therefore it did not need to put Plaintiff on its internal do-not-call list. The Court finds Defendant’s argument unpersuasive.

“Unpersuasive” is putting it mildly.

To be fair to defendant, the message plaintiff responded to included a “reply stop to opt out” prompt so saying “no stop” might be viewed as a directive not to stop the messages. Its one of those double negative situations I guess.

But I must say I agree with the court on this one. If someone texts “no stop” you should be “yes stopping.”

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

2 Comments

  1. I have tried STOP and it does not work. I have tried F–K OFF and that does not work. I have tried K–S MY A– and that does not work. Do you have any better suggestions?

    Reply

  2. Heck I’ve even used Eat Sh*t and Die – all to no avail. Too bad we can’t post images I could show you a random sampling of more than 100 texts that only 3 replied as you are unsubscribed from this number:

    “NETWORK MSG: You replied with the word “stop” which blocks all texts sent from this number. Text back “unstop” or “start” to receive messages again.” But only from this #!!!!! Gee, thanks!!

    Then there’s my perennial favorite:
    “Free Msg: Receiver 18437390781 unable to receive message – Message Blocking is active.”

    In other words: Take that you unwitting victimized NDNC registrant – we do what we want when we want and have the sheer audacity to reply that we block your attempts to opt-out!!!!

    Here’s the rarity when a legit company responds properly:
    HELP: “For help with the Kroger Family of Companies, please call support at
    1-800-576-4377. Msg & Data Rates may apply. Msg freq may vary. Reply STOP to end.”

    STOP: “You have opted-out and will receive no further messages from the Kroger Family of Companies. For info visit Kroger.com” From them in total – not just one #!!!!

    Reply

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