
Manuel Juarez filed a class action lawsuit against The Home Depot Inc. in the U.S. District Court for the Central District of California on Oct. 14, 2026.
The complaint alleges the retailer sends people marketing texts after they opt out to stop and outside federally allowed hours.
How does federal law limit marketing texts?
The Telephone Consumer Protection Act and the Federal Communications Commission's rules under it bar companies from making telemarketing calls, including texts, before 8 a.m. or after 9 p.m. at the recipient's location.
Those rules require any company that markets by phone to keep a do-not-call list and train its staff to use it, the lawsuit alleges. Anyone who gets more than one rule-breaking message from the same company within 12 months can sue.
Juarez's reported experience
On Feb. 5, 2026, Juarez claims he answered one of Home Depot's marketing texts with "Please cease." He says an automated reply said it did not understand the message and told him to text "stop: instead.
However, the lawsuit alleges his reply counts as an opt-out request just like texting "stop". Home Depot reportedly kept texting him, and screenshots in the filing show more than 30 promotional texts from Feb. 12 through early October. Those texts promoted deals on everything from bath fixtures to appliances and were not informational or tied to an order, according to the filing.
The allegations
Juarez brings a single legal claim under the TCPA's do-not-call procedures rule. The proposed class action claims Home Depot's failure to honor his request shows it has no written do-not-call policy and does not train its telemarketing staff.
The complaint also alleges Home Depot sends consumers multiple marketing texts before 8 a.m. or after 9 p.m. local time. The texts caused Juarez inconvenience, aggravation and annoyance and invaded his privacy, he contends.
On behalf of the class, Juarez seeks $500 per violation or actual losses, whichever is more. That amount can increase to as much as $1,500 per violation if the court finds the company acted willfully or knowingly. The lawsuit asks for a court order barring Home Depot from texting outside the 8 a.m. to 9 p.m. window or otherwise breaking the TCPA.
What the lawsuit means for consumers
The proposed class covers people in the United States who received more than one Home Depot marketing text within a 12-month period on a cellphone they use as a residential line with at least one text arriving before 8 a.m. or after 9 p.m. local time. The class period runs from four years before the filing through class certification.
As of this writing, there is no settlement, no claims process and no money available.
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