TCPA Developments: Consumer's Attempt to Revoke Consent to Text Messages Found to be Unreasonable
1 min read
May 1, 2018
In Nicole Rando v. Edible Arrangements, International, LLC, a consumer sued Edible Arrangements under the Telephone Consumer Protection Act (TCPA) arguing that the company sent her text messages after she had revoked her consent. The New Jersey federal court granted Edible's Motion to Dismiss, finding that the consumer's revocation was not "reasonable." The consumer was prompted to text "STOP" if she wished to revoke her consent, but the consumer responded instead with long sentences such as "Thank you. I'd like my contact info removed" or "I asked to be removed from this service a few times. Stop the messages."
While noting that the consumer's attempted method of revocation "clearly expressed a desire not to receive further messages," and further noting the Federal Communication Commission's guidance that a caller may not designate a method of opting out, the Court nevertheless concluded that the consumer's method of revocation was unreasonable, given the totality of the circumstances. In "the totality of the circumstances, a reasonable person seeking to revoke consent would have tried, at least at some point during the back-and-forth, simply replying 'STOP' to cancel—as instructed, rather than ignoring Defendant's revocation method and sending ten long text messages to that effect, most of which did not include the word 'stop' at all. There can be no question on these factual allegations but that Plaintiff did not comply, nor even attempt to comply, with the apparently simple directions repeatedly given to her: "Reply…STOP to cancel."
This decision is the latest example (for others, see Epps v. Earth Fare, Inc., 2017 U.S. Dist. LEXIS 63439 (C.D. Cal., 2017) and Viggiano v. Kohl's Dep't Stores, Inc., 2017 U.S. Dist. LEXIS 193999 (D. N.J. Nov. 27, 2017)) where courts have denied consumers' revocation claims where it appears they intentionally evaded simple opt-out instructions, in the hopes of manufacturing a TCPA claim. However, this decision stands out for the proposition that a caller may be allowed to dictate the revocation method so long as it is not difficult or impossible to effectuate the revocation.
Related Capabilities
Featured Insights

In The News
Oct 21, 2026
Scott Seaman Says Walmart Ruling is an "Aberration" in the Opioid Insurance Battle

Event
October 21 – 23, 2026
D.L. Morriss Presents on International Banking Litigation and AI Regulation

Press Release
Oct 20, 2026
Seasoned Litigator Joins Hinshaw's Aviation and Aerospace Team in Chicago

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 19, 2026
Refile, Repeat: Ohio’s Savings Statute Allows for Unlimited Bites of a Time-Barred Claim

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 16, 2026
Key Takeaways from the 2026 ACVL Conference for the Auto Finance Industry

Press Release
Oct 16, 2026
Nia Binns Re-Appointed Health and Wellness Committee Co-Chair of the BWLA

In The News
Oct 16, 2026
Jennifer Driscoll Explains How Bond Request Spurred AG Settlement in Paramount Merger

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 15, 2026
OCC Releases Debanking Report on Largest Banks; CFPB Announces Follow-On Initiative

In The News
Oct 14, 2026
Hinshaw Attorneys Contribute Rhode Island Chapter in ABA Legal Malpractice Survey



