TCPA Spam Text Message Investigation: Still Getting Texts After Saying STOP? Texts Before 8AM or After 9PM?
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TCPA Text Message Investigation: Receiving Marketing Texts After Saying STOP or Outside Business Hours?

By Steve Levine

TCPA Spam Text Message Investigation - Unwanted Marketing Texts

Published: December 2, 2025


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Dapeer Law, P.A.
Rachel Dapeer, Esq.
Licensed in Florida, New York, and New Jersey
Office Location: Hallandale Beach, FL
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Are You Still Getting Texts After Asking to Stop?

If you replied STOP, Unsubscribe, or Cancel and the company kept texting you, you may have a Telephone Consumer Protection Act claim. The TCPA lets consumers recover 500 to 1,500 dollars per text message when a company ignores your opt out request.

You may also qualify if the company sent marketing texts before 8 AM or after 9 PM in your local time. These messages are treated as improper marketing texts under federal rules.

What Text Messages are Considered Spam and Qualify?


If you were texted "After-Hours":
Upload a screenshot of each marketing text message that includes the visible timestamp on your phone. The timestamp must clearly show the message was received before 8 AM or after 9 PM in your local time.

If you said "STOP" but kept getting text messages:
Upload a screenshot of your original “STOP” (or Unsubscribe/Cancel) message along with screenshots of at least two marketing messages that you received after sending that opt-out request.

Free Case Review - Spam Texts


Who Qualifies for Potential Compensation from Spam Texts?


You may have a claim if:

• You replied STOP or Unsubscribe and still received at least two marketing texts
• You received at least two marketing texts before 8 AM or after 9 PM your time
• Messages were promotional, not transactional (examples below)

Prior consent does not matter. Once you say STOP, the company must stop.

Did You Receive Marketing Texts Before 8AM or After 9PM?

Companies are restricted from sending marketing texts outside of reasonable hours. If you received promotional text messages before 8:00 AM or after 9:00 PM in your local time zone, those messages may violate federal telemarketing rules. This is especially common for consumers on the West Coast who receive texts timed for East Coast business hours.

If you received two or more texts during these prohibited hours, you may be entitled to compensation.

What Counts as a Marketing Text?

Marketing texts try to sell you something or promote services. Transactional texts are informational and usually allowed.

Marketing examples:
• “Flash Sale Today”
• “Use code SAVE20”
• “Book an appointment for a free consult”

Not marketing:
• Appointment reminders
• Shipping updates
• Two factor authentication codes

What is the TCPA and How Does It Protect You?

The Telephone Consumer Protection Act (TCPA) is a federal law that restricts unwanted calls, texts, and marketing messages. Under the TCPA:

• Companies must obtain your consent before sending marketing texts
• Companies must honor your request to stop receiving messages
• Marketing messages sent at unreasonable hours may be actionable
• Violations can result in $500 per text—or up to $1,500 per text for willful violations

Do I Have a Case? Key Questions

You may have an actionable TCPA claim if:

• You received at least 2 marketing texts after replying STOP, Unsubscribe, Cancel, or similar
• OR you received at least 2 marketing texts before 8:00 AM or after 9:00 PM your local time
• The texts were promotional or marketing in nature (not transactional messages like appointment reminders or order confirmations)

Note: Prior consent does not matter for these violations. Even if you originally signed up, companies must stop when you ask—and cannot text you in the middle of the night.

What Information Do I Need to Submit a Claim?

To evaluate your potential case, please provide:

• Screenshots of the text messages showing the content and timestamps
• If you asked to stop: Screenshot of your STOP message and the texts received after
• If timing violation: Screenshots showing texts received before 8AM or after 9PM (make sure your phone's time is visible)
• The name of the company that sent you the messages (if known)
• Any additional details about the messages or sender

If you are submitting after-hours texts, make sure the phone’s timestamp is visible.

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What Compensation Can I Receive?


The TCPA (Telephone Consumer Protection Act) allows:

• 500 dollars per text for violations
• Up to 1,500 dollars per text for willful violations

Multiple texts can add up to significant compensation.


Submit Your Screenshots - Get Up to $1,500 Per Text


Why This Matters for West Coast Residents

Many companies send texts based on East Coast timing. A 6 AM Eastern text reaches California at 3 AM. This creates many after-hours violations for consumers in Pacific and Mountain time zones.

If you're on the West Coast and receiving early-morning or late-night marketing texts, you may have a strong case.

West Coast? You May Have a Strong Case - Free Review


Sources

• FCC: Robocalls and Telemarketing
• FTC: Telemarketing Sales Rule Guidance
• 47 U.S.C. § 227: Telephone Consumer Protection Act

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Important Disclosures

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Dapeer Law, P.A.
520 S. Dixie Hwy, #240
Hallandale Beach, FL 33009

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