Early morning texts from a company advertising sales promotions are the subject of a recent Telephone Consumer Protection Act (“TCPA”) complaint filed by The Law Offices of Jibrael Hindi (“Hindi”). Below, we discuss the allegations in the Complaint and what companies should do if they become the recipient of Hindi TCPA litigation papers.
Early Morning Texts Allegedly Violate the TCPA
As our readers know, one of the TCPA’s implementing regulations addresses the delivery of telephone solicitations to consumers before 8:00 a.m. and after 9:00 p.m. (local time at the called party’s location) (“Quiet Hours Regulation”). Filed in a California federal court, Hindi’s recent TCPA complaint alleges that Plaintiff Peejay Reyes (“Plaintiff”) received early morning marketing text messages from Lenovo (United States) Inc. (“Lenovo”) in violation of the Quiet Hours Regulation. Plaintiff specifically claims that she “never signed any type of authorization permitting or allowing [Lenovo] to send telephone solicitations before 8 am or after 9 pm . . .” and as a result, Lenovo’s purportedly “unlawful conduct resulted in intrusion into the peace and quiet in a realm that is private and personal . . . .”According to the Complaint, Plaintiff seeks to represent herself and a putative class of consumers who allegedly received more than one early morning marketing text message within any 12-month period during the four years immediately preceding the date the Complaint was filed.
KMT Is Here to Help If You Are Named in a Hindi Quiet Hours Lawsuit
While the Quiet Hours Regulation may appear to prohibit certain calls made before and after the times set forth above, there are multiple defenses to Quiet Hours Regulation claims that experienced counsel can assert in response to Quiet Hours Regulation lawsuits. The attorneys at Klein Moynihan Turco (“KMT”) have successfully defended countless companies in Hindi Quiet Hours Regulation lawsuits. In addition, KMT’s attorneys routinely: (1) advise clients on telemarketing law compliance; and (2) defend companies against TCPA class action lawsuits. If you have been sued by Hindi for violating the TCPA or need assistance with updating your telemarketing practices and procedures, email us at info@kleinmoynihan.com or call us at (212) 246-0900.
The material contained herein is provided for informational purposes only and is not legal advice nor is it a substitute for seeking 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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