Talk is Cheap: Court Sides with Retailer in TCPA Case
What happens when a shopper says they don’t want marketing texts—but then enters their phone number at checkout anyway?
In Thompson v. Vintage Stock, Inc., 2025 U.S. Dist. LEXIS 18712 (Feb. 3, 2025), the United States District Court for the Eastern District of Missouri ruled in favor of the retailer, highlighting the importance of digital consent. The court granted summary judgment, finding that despite the shopper verbally refusing future marketing texts, the action of entering her phone number and agreeing to receive messages was enough to show consent.
Case Background
In 2019, Sheila Thompson visited a Vintage Stock store and entered her phone number into the VeriFone system, which prompted: “Enter your phone # to receive coupons and sales notices. Message and data rates may apply.” Though she verbally declined, Thompson entered her number and confirmed.
Years later, she received promotional texts with opt-out instructions but never replied “STOP” to unsubscribe. She then filed a lawsuit claiming violations of the TCPA and Missouri’s “do-not-call” laws.
Court’s Reasoning
The court examined whether Thompson gave “prior express invitation or permission” to receive the texts. Though Thompson argued her verbal refusal should cancel her opt in, the court disagreed, noting that:
Her entry was voluntary – Thompson could’ve skipped entering her number but chose to proceed.
The system’s purpose was clear – The prompt made it clear that providing her number would result in sales notifications.
The court ruled that her action of entering the number was a clear consent to receive promotional texts, overriding any verbal objection.
Lessons Learned
This case is a reminder that when it comes to obtaining consent, what the consumer does (sometimes!) matters more than what the consumer says. Digital actions—like entering and confirming a phone number—can carry more legal weight than a passing verbal refusal. That said, businesses should still be cautious. The court could have easily ruled against the retailer. If a customer makes it clear they don’t want texts, it’s smart to avoid sending them to reduce legal risks.