Unwanted Texts From a Med Spa or Salon in Florida? Your Rights

A "flash sale" on fillers. A "we miss you, here is 20% off" from a nail salon. A lash fill promo from a beauty bar you visited once, or never. Texts like these land on Florida phones every day, and many people wonder whether a business is allowed to keep sending them.

Sometimes it is not. This guide explains when texts from a med spa, nail salon or beauty salon cross a legal line in Florida, why the first step is almost always replying STOP, and what you can do if the texts keep coming.

Are unwanted texts from a med spa or salon illegal in Florida?

They can be. Marketing texts are covered by the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and by the Florida Telephone Solicitation Act, Fla. Stat. § 501.059, which counts a text message as a "telephonic sales call." A med spa or salon that texts you promotions without the consent the law requires, or keeps texting after you asked it to stop, may be breaking one or both laws.

There is one rule to know before anything else. Under Fla. Stat. § 501.059(10)(c), before you can sue for damages over text message solicitations, you must reply STOP to the number the texts came from. The business then has 15 days to stop. A Florida damages claim is possible only if the texts keep arriving after that 15 day window. The business may send one text confirming your request, and that one does not count.

So for most readers the practical answer is: reply STOP once, save the proof, and watch what happens next.

Reminder or sales pitch: what kind of text is it?

Florida's law is aimed at texts sent "for the purpose of soliciting a sale" of consumer goods or services. That distinction matters a great deal with salons and med spas, because they send two very different kinds of texts:

• Service texts, such as a confirmation or reminder for an appointment you booked. A message like this is usually not a sales text.

• Marketing texts, such as Botox or filler specials, package deals, holiday promotions, "book now" offers and "we miss you" discounts. These are the texts the telephone solicitation laws are written for.

A reminder that also pushes a promotion is a closer call. Keep it anyway. A lawyer can look at the exact wording.

Did you ever book there?

A business you never visited

If a salon or med spa you have never used is texting you promotions, and you never asked it for texts, Florida would generally treat those as "unsolicited" sales texts. Under § 501.059(8)(a), a business may not send an unsolicited sales text using an automated system for selecting and dialing numbers without your prior express written consent. You may have no idea how the business got your number. Tracing the sender, and any marketing vendor it used, is part of what a consumer lawyer does.

A salon or spa you were a customer of

Florida's definition of an "unsolicited" sales call leaves out calls and texts to a person with whom the business has a "prior or existing business relationship." So a salon you have used may be allowed to send you some promotions under that part of the law.

That changes once you tell them to stop. Fla. Stat. § 501.059(5) says a business may not send a text to a consumer who has previously told it that he or she does not want to receive them. Being a past customer does not give a salon the right to ignore your request.

"I signed in on their tablet": consent and how to take it back

Many salons and spas collect phone numbers at check-in or through online booking. Whether that counts as consent to marketing texts depends on what you actually agreed to.

• Under Florida's statute, prior express written consent is a signed agreement that clearly authorizes sales texts to your number and includes a clear disclosure that you do not have to sign it as a condition of buying anything.

• A "signature" can include an electronic signature, checking a box, or replying yes to a text offer, Fla. Stat. § 501.059(1)(h). So a box you ticked on a tablet may matter.

• Consent is not forever. Replying STOP is the clearest way to withdraw it, and federal rules also let you revoke consent by any reasonable means.

If a business says you agreed and you do not believe you did, ask for the consent record. What it shows, or fails to show, can decide the case.

What to do, step by step

1. Do not delete anything. Keep every text from the sender, including old ones.

2. Reply STOP one time to the exact number the texts came from. Replying to that number is what the Florida statute requires.

3. Screenshot your STOP reply so the number, the date and the time all show.

4. Mark the date 15 days later on your calendar. Any marketing text that arrives after that date is the most important evidence you have.

5. Screenshot every text that follows, and keep a simple list with the date and what each one offered.

6. Write down what you remember about whether and where you gave the business your number.

Our guide on how to save and send call logs, voicemails and text screenshots walks through capturing texts on an iPhone or Android phone.

Do Not Call lists and salon texts

Being on a Do Not Call list does not, by itself, turn a salon text into a case.

• Florida's list, kept by the Florida Department of Agriculture and Consumer Services (FDACS), bars unsolicited sales calls to listed numbers under § 501.059(4). For texts, the STOP plus 15 days rule in (10)(c) still applies before a damages suit, and past customers fall outside "unsolicited."

• The national registry at donotcall.gov supports a federal claim when a seller calls a registered number more than once in 12 months. That rule does not reach a business you bought from in the last 18 months, or asked about in the last 3, unless you told it to stop, so it is usually a weaker route against a salon you have used. Whether a text counts as a "call" for that rule is contested in Florida's federal courts, and the first federal appeals court to decide it, the Seventh Circuit in July 2026, said it does not. That ruling does not bind courts in Florida.

Registration is still worth checking and screenshotting. It is useful evidence, especially for repeated sales calls.

What you may recover

• Florida: your actual damages or $500, whichever is greater, for a violation, Fla. Stat. § 501.059(10)(a). If the court finds the violation was willful or knowing, it may increase the award up to three times that amount, § 501.059(10)(b).

• Federal TCPA: $500 for each violation under 47 U.S.C. § 227(b)(3), which a court may increase up to $1,500 for willful or knowing violations. This claim depends on the technology used. In Facebook, Inc. v. Duguid (2021), the Supreme Court narrowed what counts as an autodialer, so the federal autodialer route does not reach every mass text.

• Attorney's fees: Florida's statute awards reasonable fees and costs to the prevailing party, § 501.059(11)(a). That works in both directions, which is one more reason to have a lawyer look at the facts before anything is filed.

Our spam text lawsuit guide covers the damages math and the federal consent rules in more detail.

When to talk to a lawyer

For a single promo you never asked for, replying STOP may be all the situation needs. It is worth a conversation with a consumer attorney when:

• Marketing texts kept coming more than 15 days after you replied STOP.

• The texts come from a med spa or salon you never used and never gave your number to.

• The business claims you consented and you do not believe you did.

• The texts arrive from changing numbers for the same business.

If you replied STOP and the texts did not stop, see our page on texted STOP and still getting texts. Consumer Law Florida represents Florida residents in claims over unwanted calls and texts. If a med spa or salon keeps texting you after you told it to stop, you can request a free case review. Bring your screenshots.