Albertsons Sued Over Safeway Texts That Allegedly Continued After Confirmed STOP Requests

The bottom line: an opt-out confirmation creates a clear record. If marketing continues afterward, that record works against the sender.

Here is what is alleged

The complaint alleges claims under the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) rules at 47 C.F.R. § 64.1200(c) and (d), and the Florida Telephone Solicitation Act (FTSA). It alleges that Albertsons runs text campaigns, keeps texting consumers after they opt out, and telemarkets without the required policies, procedures, and training.

The complaint includes several examples:

1. Plaintiff Menin alleges she first texted stop on June 23, 2023, and Albertsons acknowledged the request that day. She alleges she then received solicitations on June 30, July 7, and July 14, 2023.
2. Plaintiff Schofield alleges she began receiving texts in or about October 2024 from short code 48687. On November 24, 2024, at 2:19 p.m., she received a Safeway message offering a $10 grocery coupon for creating a health profile, with "Txt STOP to end."
3. She replied STOP. At 4:45 p.m. the same day, she received a confirmation from a different short code, 27640: "Albertsons Companies Inc. confirmation: You've opted out and will not receive Offers&Promo text messages."
4. She alleges she received another solicitation on November 25, 2024, at 7:00 p.m., texted STOP again, and received another confirmation.
5. She alleges she texted STOP at least eight times and continued to receive solicitations.

These are allegations. Albertsons has not been found liable.

You can read the complaint here: Kamel v. Albertsons TCPA complaint.

The law

Under 47 C.F.R. § 64.1200(d), a business that engages in telemarketing must maintain a written do not call policy, train its personnel, record do not call requests, and honor them. Section 227(c)(5) of the TCPA allows a consumer who receives more than one violating solicitation within 12 months to sue for up to $500 per violation, and up to $1,500 if willful or knowing.

The FTSA, Fla. Stat. § 501.059, is Florida's counterpart and also applies to text messages.

Why it matters

The complaint describes promotional texts sent from one short code and opt-out confirmations sent from another. Whatever the reason, that structure raises a common operational risk. If opt-outs are recorded in one system and messages are sent from another, the suppression list may not reach every sending platform or brand.

Albertsons operates multiple grocery brands, including Safeway. Opt-outs must be honored across every brand and program they apply to.

The repeated confirmations matter, too. Each confirmation documents that the company received the request. Each later solicitation can then be counted as a separate violation.

What this means for you

1. Make sure opt-outs flow to every short code, platform, and vendor that sends on your behalf.
2. Test the process. Reply STOP, confirm the confirmation arrives, then confirm nothing else does.
3. Apply opt-outs across brands where the consumer would reasonably expect them to apply.
4. Keep written do not call policies and train the people who run campaigns.
5. If you send in Florida, review campaigns under the FTSA as well as the TCPA.

A confirmation is a promise. Your systems need to keep it.