Really big win here for companies leveraging SMS to outreach with consumers for multiple purposes– but be careful because this rule will likely evaporate next April

In Stamper v. Manus- Northwestern, 2025 WL 2044093 (N.D. Ill. July 17, 2025) a consumer had opted in to receive two types of messages– “waitlist messages” and “continuing care recall messages.” Her number was also the point of contact for at least two other clients (presumably her relatives).

Stamper replied “STOP” to one of the messages and she received an automated follow-up text informing her that she had successfully unsubscribed from that particular category of communications and instructing her to “please reply STOPALL” “[i]f you would like to stop all communications from Manus Dental.” Compl. 2-4. But she never did.

Still Plaintiff sued arguing that the single “STOP” was sufficient to require the defendant to cease all SMS communication across all purposes. The Court disagreed.

Instead the court determined “Stamper clearly communicated a desire to unsubscribe from the specific type of message that she had just received, on behalf of the client to whom that message had been directed. She did not, however, clearly communicate a desire to unsubscribe to any and all text messages from Manus.”

Nice right?

A very thoughtful ruling and one that conforms with common sense, especially since the defendant offered a “Stop All” option in the confirmation text message.

As nice as this ruling is, don’t get too comfortable with it. The FCC has adopted a contrary ruling–one treating a “stop” as a multi-channel, multi-purpose opt out— and that rule is set to go into effect next April.

While FCC TCPA rulings no longer have the binding effect they once did, you can expect many courts will apply the new cross-channel cross-purpose rule and– when they do– a “stop” will certainly nuke communications of the sort at issue in Stamper.

So watch out!

Take aways here:

1. Companies can use valid opt out limiters that are reasonable and track with multiple consents afforded by the consumer;
2. Companies should be sure to offer a “stop all” feature where they will treat a stop as effective only for a single channel or purpose; and
3. Companies should be VERY AWARE of the massive rule change in April.