NO STOP: Zealthy Allegedly Floods Consumer With Text Messages After Repeated Stop Requests

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So we have been covering the wave of opt-out evader TCPA lawsuits that have been filed recently.

These are cases where a consumer uses every word but “stop” to ask a business to cease sending SMS messages, fully hoping the messages continue to allow a suit under the TCPA.

But this is not one of those claims.

A consumer named Julie Brown in Pennsylvania claims telehealth company Zealthy absolutely blasted her with unwanted text messages and did not stop after repeated requests.

The complaint contains alleged screenshots showing at least 10 “stop” requests to Zealthy that were apparently completely ignored.

Not sure what is up with Zealthy but if these allegations are true the company is in big TCPA trouble.

The complaint seeks tto represent two classes including:

National Do-Not-Call Class: Plaintiff and all persons within the
United States to whose telephone number Defendant placed (or had
placed on its behalf) two or more telemarketing calls and/or text
messages in a 12-month period when the telephone number to which
the telephone calls or texts were made was on the National Do-Not-Call
Registry for 31 days or more at the time of the calls/texts, from four
years prior to the filing of the Complaint through class certification.

Internal Do-Not-Call Class: Plaintiff and all persons within the
United States whose telephone number Defendant placed (or had
placed on its behalf) two or more telemarketing calls in a 12-month
period, including at least one after the person requested that the calls or
messages stop from four (4) years prior to the filing of the Complaint
to the date of class certification.

Will be very interesting to see how this one turns out.

Full complaint here: Zealth Complaint

And if you want the latest catalogue of decisions on this and all TCPA-related content be sure to request a copy of the 2026 Troutman Amin, LLP TCPA Annual Review, presented by Contact Center Compliance!

Chat soon.

 

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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.

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