Recently, lawsuits alleging violations of the quiet hours restrictions of the Telephone Consumer Protection Act (“TCPA”) have been filed with increasing frequency. One law firm which has been among the most frequent filers of this category of lawsuit has been The Law Offices of Jibrael S. Hindi.
What Are the TCPA’s Quiet Hours Restrictions?
Readers will be familiar with the guidelines addressing telemarketing during particular times of day. Specifically, the TCPA’s applicable implementing regulations, found at 47 C.F.R. § 64.1200(c)(1), provide, in pertinent part: “[n]o person or entity shall initiate any telephone solicitation” to “[a]ny residential telephone subscriber before the hour of 8 a.m. or after 9 p.m. (local time at the called party’s location).” 47 C.F.R. § 64.1200(c) further states that these restrictions are “applicable to any person or entity making telephone solicitations or telemarketing calls to wireless telephone numbers.”
What Should You Do If You Have Been Sued by The Law Offices of Jibrael S. Hindi?
Even the most prudent lead generator, telemarketing company or advertiser may still find itself defending a TCPA quiet hours lawsuit brought by The Law Offices of Jibrael S. Hindi. In such a case, it is imperative not to panic, and to engage knowledgeable counsel as quickly as possible. While the regulation may appear to be a straightforward prohibition on certain calls, there are often multiple lines of defense to claims brought pursuant to the TCPA.
In the event that you are contacted by The Law Offices of Jibrael S. Hindi, it is best that you do not: (1) speak with your adversary; (2) issue press releases; (3) speak with employees, marketing partners, advertisers or others in the industry until after you have had the opportunity to speak with your attorney; or (4) destroy, tamper with, or create documents.
How to Avoid A TCPA Quiet Hours Lawsuit
Best practices should be implemented to guard against the risk of inadvertently being on the wrong side of a TCPA quiet hours lawsuit. Marketers should ensure that they have proper protocols in place to assure their own compliance with applicable telemarketing regulations. In turn, advertisers should confirm that their marketing partners are taking proper steps to ensure strict adherence to the quiet hours guidelines. Working closely with experienced telemarketing counsel is the best way to mitigate the risk of being named in a TCPA quiet hours lawsuit, however. Doing so in order to implement proper practices and procedures is critically necessary to prevent prospective consumers from being contacted in violation of the TCPA.
If you are interested in telemarketing compliance, have been contacted by The Law Offices of Jibrael S. Hindi, or are otherwise the subject of a TCPA quiet hours lawsuit, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.
The material contained herein is provided for information purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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