Our readers shouldn’t mistake our silence for a dearth of Telephone Consumer Protection Act (“TCPA”) quiet hours lawsuits. Last month, The Law Offices of Jibrael Hindi (“Hindi”) filed a quiet hours lawsuit against a company alleging that it sent marketing text messages before 8:00 a.m. and after 9:00 p.m. (“Quiet Hours Window”). Below, we discuss the allegations set forth in the Complaint, and the steps companies can take if they are targeted in a TCPA quiet hours proceeding.
Quiet Hours Allegations Discussed
As our readers know, the TCPA’s implementing regulations address the delivery of telephone solicitations during the Quiet Hours Window (local time at the called party’s location). In a complaint filed last month, Plaintiff alleged that Defendant sent, without her consent, multiple marketing text messages during the Quiet Hours Window. As set forth in the Complaint, Plaintiff claimed that Defendant’s purportedly “unlawful conduct resulted in intrusion into the peace and quiet in a realm that is private and personal to Plaintiff and the class members.” Because of this alleged unlawful conduct, Plaintiff, on behalf of herself and a putative class, seeks to represent all consumers in the United States who allegedly received more than one marketing text message from Defendant during the Quiet Hours Window within any 12-month period during the four years immediately preceding the date that the Complaint was filed.
KMT Can Help If You Are the Subject of a Quiet Hours Lawsuit
Diligent readers know that the TCPA defense landscape is in a state of upheaval, with previously unsuccessful defense arguments gaining traction in courts nationwide. Although the TCPA regulations may appear to prohibit marketing calls/texts during the Quiet Hours Window, hiring experienced counsel can help companies develop sophisticated defense strategies in response to such claims. The attorneys at Klein Moynihan Turco (“KMT”) have successfully defended countless companies in quiet hours proceedings. In addition, KMT’s attorneys routinely: (1) advise clients on telemarketing law compliance; and (2) defend companies in TCPA class action lawsuits. If you have been sued 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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