THe FCC may make a ruling affecting the wave of tcpa quiet hours suits
In an era where cell phones are ubiquitous and area codes are no longer reliable indicators of geographic location, it is increasingly difficult for businesses to ensure strict compliance with the TCPA's quiet hours. Unlike the late 1990s, when text messages were costly, and area codes closely aligned with geographic regions, today's mobile users can easily retain their numbers regardless of where they live or travel. This fluidity poses a significant problem for businesses trying to adhere to the TCPA's time-based restrictions.
The Federal Communications Communication is considering making a ruling that could resolve the issue—along with the wave of suits filed by firms like that of Jibrael Hindi. Phillips & Bathke, P.C. defends these TCPA suits. You can learn more about these suits Here. Or, if you’ve been sued, complete This Brief Form to schedule a consultation.
Wave of tcpa suits
There have been waves of Telephone Consumer Protection Act cases since its passage. First with unsolicited faxes all the way to, now, text messages being sent at the wrong time of the day. Certain firms, including that of Jibrael Hindi, have weaponized these laws. They file putative class-action suits. In making a class action claim, they raise the stakes for defendants—and the amount they may be willing to pay to settle a case. Mr. Hindi’s firm his hardly the only firm handling these cases, but its aggressive marketing and use of newly-minted attorneys has allowed it to over 90 cases in the past four-months. This is further explained in the Ecommerce Innovation Alliance’s Petition for Declaratory Ruling. They have sought a declaratory ruling “to confirm that individuals who provide prior express written consent to receive text messages cannot claim damages under the TCPA for messages received outside the hours of 8 a.m. to 9 p.m.” Given the current administrations relatively lax view of regulations, there is a good chance rulemaking could occur.
The FCC invites comments
The FCC, moving relatively quickly, has invited comments for its potential rule-making. Its Public Notice seeks comments by April 10, 2025.