A New Wave of TCPA “Gotcha” Lawsuits Emerges

Litigation under the Telephone Consumer Protection Act (“TCPA”) is experiencing a notable shift, with an increasing number of class action lawsuits targeting businesses for sending marketing text messages outside of federally mandated “quiet hours.” These quiet-hour restrictions—outlined in 47 C.F.R. §64.1200(c)(1)—prohibit marketing calls or texts before 8:00 a.m. and after 9:00 p.m. local time. Complicating things even further, several states have different time-of-day or day-of-week restrictions different from the federal TCPA.

Written by Olshan Frome Wolosky LLP Blog