TCPA (Spam Calls & Texts)

Return To Sender: A company sues its own text vendor to shift TCPA blame up the chain

Published on
July 1, 2026
Return To Sender: A company sues its own text vendor to shift TCPA blame up the chain

Hello Consumer Nation!

Here's an interesting twist on the usual TCPA fight. A retailer (Office Depot) got hit with TCPA suits after its marketing texts stopped honoring opt-outs—so it turned around and sued the vendor that ran its texting program, trying to push the blame up the chain. Off. Depot, LLC v. Adobe Inc., No. 26-CV-80114, 2026 U.S. Dist. LEXIS 145290 (S.D. Fla. July 1, 2026).

The retailer had hired the vendor for its marketing text operation after a sales pitch heavy on TCPA compliance. Then a software update deleted the text message opt-out keywords, and for about two months consumers texting "stop" got nowhere. Several TCPA suits followed. The retailer demanded the vendor step in but got nowhere with that so they filed their own suit.

The texting vendor filed a motion to dismiss but Office Depot's breach of contract claim survived the motion. And somewhere in the middle of all this corporate finger-pointing sit the consumers who spent several months saying "stop" on texts that just kept coming.

Let's see how this unfolds.

Contributors
Garret Berg
Founder, Consumer Nation
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