Greetings TCPAWorld!

What does “STOP” really mean? We’ve all been there—sending a reply text to opt out of repeated messages. Maybe we signed up in the past to score some discount coupon codes (Black Friday deals, anyone?). I, for one, am still debating whether to halt the daily Nespresso texts—though they didn’t even provide instructions for opting out (cough, cough). For most consumers, “STOP” is a clear command to halt unwanted communications. But that’s precisely what’s at issue in a new class action lawsuit filed against Office Depot LLC in the Southern District of Florida. See Piet v. Office Depot LLC, 9:24CV81488.

According to the newly filed class action lawsuit, Office Depot allegedly ignored repeated opt-out requests, sending marketing texts despite consumers’ explicit demands to stop. This case, brought under the TCPA, challenges the company’s practices at a time when stricter FCC rules are poised to redefine how businesses must handle consumer revocations. The stakes are high—for both Office Depot and the thousands of consumers seeking to reclaim their privacy.

Plaintiff claims that Office Depot began sending him unsolicited text messages in September 2024 to promote discounted office supplies. Following the opt-out instructions provided in the texts, Plaintiff replied “STOP” on September 18, 2024, expecting the communications to cease as most would expect to be honored. However, additional texts were allegedly sent on September 24, 25, October 1, 8, 15, and 17, each prompting further opt-out replies. Despite following Office Depot’s preferred opt-out language, Plaintiff’s requests were allegedly ignored, highlighting potential systemic failures in the company’s compliance processes. Moreover, Plaintiff asserts that these messages disrupted his daily life and wasted his time because he spent 15 to 30 seconds reviewing each message and responding to opt-out, and later 15 minutes retaining legal counsel to address the violations. While these increments may seem minor, by quantifying this wasted time, Plaintiff demonstrates tangible harm beyond mere annoyance—something courts often recognize under the TCPA. This detail strengthens his claim for damages by showing how noncompliance creates actual disruptions.

The Complaint also alleges that Office Depot does not maintain a written do-not-call policy, a requirement under 47 C.F.R. § 64.1200(d)(1), nor does it adequately train its telemarketing personnel to process opt-out requests as required by § 64.1200(d)(2). As such, the Complaint tries to show that these failures underscore the potential for knowing or willful violations, exposing Office Depot to enhanced penalties.

Here is the key that companies need to take note of and PAY ATTENTION. The FCC’s new revocation rules, taking effect on April 11, 2025, further raise the stakes for businesses. If you missed our blog posts about this, check here. And make sure to check out the webinar for an in-depth breakdown of what these changes mean for compliance. The more you know, the better prepared you’ll be—and we’re here to keep the knowledge coming.

WRITE THIS DOWN (sorry for all the caps, but this is important). Troutman Amin keeps giving you all the deets. It’s on you to pay attention because we are the best at what we do.

Under these rules, companies must honor all revocation requests within 10 business days, a stricter standard than the previous 30-day compliance window. Any reasonable method for revocation, including replies such as “STOP,” “CANCEL,” or “END,” must be recognized and honored. Even ambiguous responses must be considered valid if a reasonable person interprets them as an opt-out. Additionally, businesses may not mandate exclusive revocation methods, ensuring consumers’ flexibility.

The FCC rules also permit businesses to send a one-time confirmation text clarifying the scope of the opt-out if the consumer has consented to multiple message categories, such as marketing and informational texts. To be presumed compliant, this confirmation text must be sent within five minutes of the opt-out request.

WRITE THIS DOWN (all caps needed): Delays beyond this window require the sender to prove the delay was reasonable, with longer delays subject to greater scrutiny. If the recipient does not respond to the clarification text, it must be treated as a full revocation of consent for all robocalls and robotexts across all communication channels. Wrote it down? (If you didn’t, I caught you … trust me, you will want this on a sticky note).

Now, let’s connect the dots. The Complaint against Office Depot emphasizes reading between the unwritten lines how these new FCC rules will drastically alter compliance obligations. Allegations that Office Depot failed to honor opt-outs within a reasonable timeframe, neglected to send confirmation texts clarifying revocation scope, and failed to apply revocations across all communication channels mirror the very issues the new rules aim to eliminate. By highlighting these shortcomings, the Complaint seeks damages and underscores the importance of revamping compliance systems before the new regulations take effect.

So what’s the deal? Well, the stakes in this case extend beyond Office Depot, as the new FCC rules create a higher bar for compliance and leave little room for error. It’s essential that businesses maintain strong internal do-not-call policies, train staff to promptly honor revocations, and deploy highly crucial systems capable of processing opt-outs in real-time. As we all know, under the TCPA, damages can range from $500 per negligent violation to $1,500 per knowing and/or willful violation. Preparing now will save you later down the road. Trust us.

As this case progresses, it underscores the importance of respecting consumer opt-outs and adapting to evolving regulatory standards. The FCC’s enhanced rules leave no ambiguity: ignoring “STOP” means facing the consequences. For businesses, the message is clear: prioritize compliance or prepare for costly litigation.

Wishing you all a Happy Thanksgiving to you and your loved ones.

As always,

Keep it legal, keep it smart, and stay ahead of the game.

Talk soon!