You’ve probably seen it happen. A dealership texts you about trading in your car. You aren’t interested, so you reply STOP. A day or two later, your phone buzzes again:
“May I communicate with you via text?”
Or: “Are you available for a quick call about your vehicle?”
It seems polite, even harmless. No sales pitch, no price, no “limited-time offer.” Many businesses are counting on you to see it that way. They argue that messages like these are just “informational” and aren’t covered by telemarketing laws.
A federal court in Ohio recently rejected that argument. If you’ve been getting texts like these, the ruling is worth knowing about.
The case: Shafer v. Toyota of Boardman
In Shafer v. Toyota of Boardman, decided September 21, 2026 in the U.S. District Court for the Northern District of Ohio, a consumer sued a car dealership under the Telephone Consumer Protection Act (TCPA), the federal law that limits unwanted marketing calls and texts.
According to published reports on the decision, this is what happened:
- The dealership texted the consumer asking whether he wanted to “upgrade to a new car.” That’s a sales message by any measure.
- The consumer replied STOP.
- The dealership kept texting. One message asked, “May I communicate with you via text?” Another asked whether he was available for “a quick phone call” about his 2018 Camry.
The dealership asked the court to throw out the case. Its argument was that the later messages didn’t sell anything, so they weren’t telemarketing.
The court disagreed and let the case go forward.
“Dual purpose”: why a polite question can still be a sales pitch
The court focused on something lawyers call a “dual purpose” message. That’s a message that looks neutral on the surface but is really meant to lead to a sale.
Think about it from the dealership’s side. It had just tried to sell this customer a new car. Then it asked to talk to him about his current car. Why? A reasonable explanation is that it wanted to get him back into the showroom for a trade-in and a new purchase. The “May I text you?” message was a way to restart a sales conversation the customer had already ended.
The court looked at the whole conversation, not just the wording of one text. In short, context and intent matter. A business can’t escape telemarketing rules by phrasing a sales pitch as a question.
This was an early ruling. The court didn’t decide that the dealership broke the law, only that the consumer’s claims were strong enough to proceed. But the reasoning is a clear warning to businesses that use “soft” follow-up texts to get around an opt-out.
Why saying STOP matters so much
The key fact in this case is that the consumer had already said STOP.
Under federal rules, you can withdraw your consent to marketing texts and calls in any reasonable way, and replying STOP is the most common. Once you do, a business is generally allowed to send one short message confirming your opt-out, and that’s it. A confirmation text is supposed to say “You’ve been unsubscribed.” It isn’t supposed to ask whether you’d like to keep hearing from them, or try to set up a sales call.
When a business keeps messaging you after STOP, especially with messages designed to get you talking again, that can be a violation.
What you can recover
The TCPA lets consumers sue for:
- $500 per violating call or text, and
- Up to $1,500 per call or text if the business acted willfully or knowingly.
Those numbers add up quickly. A dealership that sends ten unwanted texts could face thousands of dollars in damages to a single consumer, and far more if it does the same thing to many customers. Some states, including Florida and Oklahoma, have their own texting and telemarketing laws that add more protection.
In many TCPA cases, consumers pay nothing out of pocket to hire a lawyer.
Is this happening to you? Common examples
The Shafer case involved a car dealership, but the same “just checking in” approach shows up everywhere. Watch for messages like these after you’ve opted out:
- “Can we keep in touch by text?”
- “Do you have a minute to chat about your account?”
- “Are you still interested?”
- “We’d love to get your feedback. When’s a good time to call?”
- “Just following up on your recent visit!”
Any one of these may be legitimate in some contexts. But if a business pitched you, you said STOP, and then messages like these started arriving, they may be marketing under a different name.
What to do if a business keeps texting you after you said STOP
1. Don’t delete anything. Screenshot the entire text thread, including the first sales message, your STOP reply and every message after it. Make sure the dates and times are visible.
2. Don’t respond to the follow-up messages. Replying “Who is this?” or “No thanks” can confuse the record. If you’ve already replied, that’s okay; just stop engaging now.
3. Write down the context. Did you visit the dealership, apply for financing, or get a service reminder? When? As Shafer shows, the full story helps show what the later texts were really for.
4. Check the Do Not Call Registry. Visit donotcall.gov to see whether your number is registered and when. Registration can support additional claims.
5. Note any phone calls too. If the business called you, especially with a recorded or automated message, keep your call log.
6. Talk to a consumer protection attorney. TCPA law is changing quickly, and courts in different parts of the country disagree on some important questions, including whether text messages count as “calls” under certain parts of the law. An attorney can tell you which protections apply where you live.
Frequently asked questions
The text didn’t try to sell me anything. Can it still be illegal?
Yes. As the Shafer court recognized, a message can be marketing even if it doesn’t mention a product or price. What matters is its purpose, and courts look at the full context.
I replied STOP once. Do I need to keep replying?
No. One clear opt-out is enough. The burden is on the business to honor it.
What if I originally gave the dealership my number?
Giving your number when you bought a car or scheduled service doesn’t mean you agreed to marketing texts forever. And once you revoke consent by saying STOP, the business has to respect that.
Will I have to pay a lawyer?
Many TCPA cases are handled on a contingency basis, meaning no fee unless you recover, and some laws let consumers recover their attorney’s fees from the business.
How long do I have to file?
The TCPA generally has a four-year statute of limitations, but don’t wait. Evidence like text threads and phone records is easier to preserve now.
The bottom line
When you say STOP, it should mean stop, not “stop, unless we ask nicely.” The Shafer v. Toyota of Boardman decision reinforces a simple, common-sense rule: a sales pitch doesn’t stop being a sales pitch just because it ends with a question mark.
If a car dealership, lender, retailer or other business kept texting or calling you after you opted out, Ginsburg Law Group can review your messages for free and tell you whether you have a claim.
This post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. The Shafer decision is a preliminary ruling on a motion to dismiss, and no court has found the dealership liable.
Two things to check before you publish:
- Case caption. This version uses your spelling, “Toyota of Boardman.” The published reports spell it “Broadman,” so match whatever the opinion’s caption says.
- Four-year limitations period in the FAQ. It comes from the general federal catch-all statute of limitations, which courts widely apply to TCPA claims. State mini-TCPA laws may have different deadlines.
