Steaks, Burgers and an Ignored Opt-Out: Omaha Steaks Hit With a TCPA Class Action

On September 14, 2026, Ignacio Molina filed a class action complaint against Omaha Steaks International, LLC in the U.S. District Court for the Southern District of Florida (Case No. 1:26-cv-26329-KMM), according to ClaimDepot. He claims Omaha Steaks violated the Telephone Consumer Protection Act (TCPA) by ignoring his request to stop marketing texts.

So what happened?

Here's what the complaint says, as reported:

• Molina got a promo text from Omaha Steaks in late July 2026 and replied asking them to stop texting him.
• Screenshots allegedly show an automated reply saying the system couldn't recognize his request and telling him to text "STOP."
• He says at least two more messages came from the same five digit short code over the next two weeks. Discounts. Burger packages. A summer steak sale.

Sound familiar? Am I right?

Here's the thing ... the rule

The lawsuit brings one count under the TCPA and 47 C.F.R. § 64.1200(d). That rule says you can't send telemarketing to residential subscribers unless you have procedures in place to keep a do not call list.

The complaint alleges Omaha Steaks failed to set up a system for keeping that list, put a policy in writing, train its marketing staff, and log and honor opt-outs. To be fair, the complaint admits it has no inside knowledge of how the company runs its marketing. It argues that a working system would have honored the request. These are allegations, and there's no settlement or claims process right now.

The TCPA allows $500 per negligent violation and $1,500 if the violation is knowing or willful. The proposed class covers people who got two or more marketing texts in a 12 month period after replying "stop" or something similar.

Why should you care?

Because this is the easiest lawsuit in the history of phone marketing to avoid. Seriously.

A customer says "please stop." You stop. Period.

What to do this week

• Read every reply, not just the keyword ones.
• Honor plain language opt-outs like "don't text me" and "remove me."
• Put your do not call policy in writing and train the team.
• Log opt-outs with a timestamp so you can prove you honored them.

Don't make people guess your keywords. Just listen, OK?