49
New Articles
Find Your Next Job !
Palm Beach Tan is about to be out of pocket $2.5MM following a TCPA settlement related to sending SMS messages after receipt of a stop notification but the bigger story may be the list of “stop” requests listed in the agreement.
First, the case is Hudson v. Palm Beach Tan, Inc., No. 1:23-cv-00486-UA-JEP, (M.D.N.C.) and each class member is set to receive up to $1,500.00– a huge windfall considering SMS may no longer even be covered by the TCPA’s DNC provisions.
Class counsel in this one is Lemberg Law LLC– it has been a while since we have seen him on the scoreboard with a large class resolution but it looks like he’s back in a big way.
Interestingly, the class is defined as “all persons within the Class Period sent a Palm Beach Tan Text Message after that phone number sent an inbound text message Stop Request.”
This is a bit of unusual class definition focusing on the transmission (rather than receipt) of a stop notification to PBT.
But here’s the key– the definition of Stop Request includes:
“stop,” “stopall,” “unsubscribe,” “unsub,” “cancel,” “canceled,” “end,” “quit,” “revoke,” “cease,” “optout,” “opt out,” “opt-out,” “opted out,” “opt stop,” “block,” “blocked,” “leave,” “no,” “pause,” “do not,” “don’t want,” “don’t text,” “don’t,” “help,” “desist,” “remove,” “take me off,” “take off,” “off,” “exit,” “delete,” “decline,” “halt,” “discontinue,” “terminate,” “withdraw,” “refuse,” “lose,” “not consent,” “illegal,” “violate,” “violation,” “harassment,” “harassing,” “wrong,” or any profanity or expletive cease directive, in any combination of upper and lower case letters, or any variant thereof, including variants where such words or phrases are misspelled, where such words or phrases comprise only part of the inbound text message, or where the inbound text message includes a stop sign emoji.
Little free advice– if your system doesn’t honor each of these response types as an opt out you are potentially in big trouble. So be smart!
Deadline to make a claim or opt out of this one is October 4, 2026.
More Upcoming Events
Sign Up for any (or all) of our 25+ Newsletters
You are responsible for reading, understanding, and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free-to-use, no-log-in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates, or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys, or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.
Under certain state laws, the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 2070 Green Bay Rd., Suite 178, Highland Park, IL 60035 Telephone (708) 357-3317 or toll-free (877) 357-3317. If you would like to contact us via email please click here.
Copyright ©2026 National Law Forum, LLC
Find Your Next Job !
Palm Beach Tan is about to be out of pocket $2.5MM following a TCPA settlement related to sending SMS messages after receipt of a stop notification but the bigger story may be the list of “stop” requests listed in the agreement.
First, the case is Hudson v. Palm Beach Tan, Inc., No. 1:23-cv-00486-UA-JEP, (M.D.N.C.) and each class member is set to receive up to $1,500.00– a huge windfall considering SMS may no longer even be covered by the TCPA’s DNC provisions.
Class counsel in this one is Lemberg Law LLC– it has been a while since we have seen him on the scoreboard with a large class resolution but it looks like he’s back in a big way.
Interestingly, the class is defined as “all persons within the Class Period sent a Palm Beach Tan Text Message after that phone number sent an inbound text message Stop Request.”
This is a bit of unusual class definition focusing on the transmission (rather than receipt) of a stop notification to PBT.
But here’s the key– the definition of Stop Request includes:
“stop,” “stopall,” “unsubscribe,” “unsub,” “cancel,” “canceled,” “end,” “quit,” “revoke,” “cease,” “optout,” “opt out,” “opt-out,” “opted out,” “opt stop,” “block,” “blocked,” “leave,” “no,” “pause,” “do not,” “don’t want,” “don’t text,” “don’t,” “help,” “desist,” “remove,” “take me off,” “take off,” “off,” “exit,” “delete,” “decline,” “halt,” “discontinue,” “terminate,” “withdraw,” “refuse,” “lose,” “not consent,” “illegal,” “violate,” “violation,” “harassment,” “harassing,” “wrong,” or any profanity or expletive cease directive, in any combination of upper and lower case letters, or any variant thereof, including variants where such words or phrases are misspelled, where such words or phrases comprise only part of the inbound text message, or where the inbound text message includes a stop sign emoji.
Little free advice– if your system doesn’t honor each of these response types as an opt out you are potentially in big trouble. So be smart!
Deadline to make a claim or opt out of this one is October 4, 2026.
More Upcoming Events
Sign Up for any (or all) of our 25+ Newsletters
You are responsible for reading, understanding, and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free-to-use, no-log-in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates, or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys, or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.
Under certain state laws, the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 2070 Green Bay Rd., Suite 178, Highland Park, IL 60035 Telephone (708) 357-3317 or toll-free (877) 357-3317. If you would like to contact us via email please click here.
Copyright ©2026 National Law Forum, LLC