
Ignacio Molina filed a class action lawsuit against Omaha Steaks International LLC in the U.S. District Court for the Southern District of Florida on Sept. 14, 2026.
The lawsuit claims the retailer ignored his request to stop sending promotional text messages and kept sending them for two more weeks violating the Telephone Consumer Protection Act.
The alleged Omaha Steaks text messages
Molina says he received a promotional text from Omaha Steaks in late July 2026 and replied asking the company to refrain from texting him. Screenshots in the complaint show an automated response saying the system could not recognize his request and instructing him to text "STOP" to end messages.
He reportedly received at least two more messages from the same five-digit short code over the next two weeks, advertising discounts, burger packages and a summer steak sale.
The do-not-call rules the complaint relies on
The TCPA and a federal regulation, 47 C.F.R. § 64.1200(d), bar telemarketing texts to residential subscribers unless the sender has procedures in place to maintain a do-not-call list. The lawsuit brings a single count under those provisions.
Omaha Steaks reportedly failed to:
- Set up any system for keeping a do-not-call list
- Put a do-not-call policy in writing
- Train its marketing staff on the list
- Log and honor opt-out requests
The complaint does not claim inside knowledge of how Omaha Steaks runs its marketing. It alleges a company with a working do-not-call system would have honored Molina's request and notes that only Omaha Steaks knows what its actual policies look like. The TCPA allows $500 in statutory damages per negligent violation and $1,500 per violation if a court finds the conduct knowing or willful.
Who the proposed class covers
The proposed class includes everyone in the United States who, in the four years before the filing through the date of class certification, received two or more marketing texts from or on behalf of Omaha Steaks within any 12-month period at a residential cell number after the person replied with "stop" or a similar opt-out instruction. The complaint estimates at least 50 people fit that definition.
What this means for Omaha Steaks customers
The lawsuit seeks statutory damages for every class member, a court declaration that Omaha Steaks' conduct violates the TCPA and an injunction requiring the company to keep written policies, train its telemarketing staff and maintain a do-not-call list.
As of this writing, there is no settlement, no claims process and no money available.
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