Analysis · Consent & revocation
Four Opt-Out Requests, 18 More Texts: Class Action Against Posh Group Under TCPA and Florida Law
A first amended class action complaint filed April 26, 2025, in the Circuit Court for Miami-Dade County, Florida, alleges that Posh Group, Inc. kept texting a consumer after she asked it to stop four times. The case is Gomez v. Posh Group, Inc., No. 2025-006937-CA-01. The claims rest on the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA). You can read the amended complaint in Gomez v. Posh Group.
On this page
The bottom line: a pattern of ignored opt-outs is easy to document and hard to justify.
What is alleged
According to the amended complaint:
- The plaintiff asked Posh Group to stop contacting her on August 30, 2024, September 1, 2024, October 21, 2024, and December 12, 2024.
- Texts allegedly continued on 18 dates, from September 1, 2024, through February 6, 2025.
- According to screenshots in the complaint, the texts promoted the company's goods and services and continued after these requests.
- Her number, a personal cell she uses as her residential line, has been on the National Do Not Call Registry since May 20, 2021.
- The plaintiff further alleges the company keeps outbound transmission reports showing the date, time, number and content of each message.
These are allegations. No court has found the defendant liable.
The law
Federal Communications Commission (FCC) regulations under the TCPA require sellers that make telemarketing calls, including texts, to maintain an internal do-not-call list and honor requests within a reasonable time. Section 227(c) also bars solicitations to numbers on the Do Not Call Registry without consent. The FTSA separately prohibits telephone solicitations to Florida consumers who have asked not to be contacted and provides damages.
Why it matters
The complaint lists every opt-out request and every text that followed. Plaintiffs build these cases from the consumer's phone and then seek the company's transmission records for the class. Those records often confirm the timeline.
Florida is a popular venue because the FTSA provides a second statutory basis for the same facts.
What this means for you
- Treat any clear reply asking you to stop as an opt-out, not just the keyword "STOP."
- Suppress opted-out numbers in every platform and campaign.
- Review transmission records for numbers that received texts after opting out.
- Apply Florida rules to Florida area codes and residents.
- Train staff who manage text replies to route opt-outs immediately.
One ignored request is a mistake. Four is a pattern that a court will notice.
Not legal advice. TCPA.com provides general information, not legal advice, and is not a substitute for the advice of an attorney. Do not rely on it. Verify any action with your own licensed lawyer before you take it. See our Terms of Use.
Primary sources
About the Author: Harrison Gevirtz
Harrison Gevirtz serves as the Chief Strategy Officer (CSO) of Ringba, a call tracking and pay per call platform, and is based in Las Vegas, Nevada. Harrison Gevirtz is a serial operator in call tracking, call routing and telemarketing operations, and for the past several years he has focused on how federal regulations affect the daily operations of these industries. At TCPA.com, Harrison Gevirtz covers TCPA litigation, Telemarketing Sales Rule (TSR) enforcement, tech support fraud prosecutions and Federal Communications Commission (FCC) rulemaking in a way that's accessible to the non-lawyer executive or compliance manager.
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