You could be owed up to $1,500 for each text sent too early or too late.
Did you receive spam text messages or promotional texts before 8 a.m. or after 9 p.m.?
These messages may have violated federal law under the Telephone Consumer Protection Act (TCPA), and you may be eligible to seek compensation through a TCPA lawsuit.
Fill out the form on this page to share your experience and find out whether you qualify.
The Telephone Consumer Protection Act of 1991 establishes strict rules for telemarketing calls and automated promotional text messages. One of these regulations includes designated TCPA quiet hours, which prohibit companies from contacting consumers early in the morning or late at night.
Despite these legal restrictions, many consumers report continuing to receive unwanted spam text messages outside the legally permitted timeframe.
If you received promotional text messages before 8 a.m. or after 9 p.m., you may have grounds to pursue legal action under the TCPA.
Do you qualify?
If you received promotional or spam text messages during TCPA quiet hours — before 8 a.m. or after 9 p.m. — you may qualify to participate in a TCPA class action lawsuit.
Complete the form on this page to verify your eligibility and learn whether you may have a valid TCPA lawsuit claim.
Fill out the form on this page for more information.
The law firm responsible for the content of this page is: Property Litigation Group, PLLC; Miramar, FL; 786-747-6285; plglawyersfl.com.
What is the TCPA?
The Telephone Consumer Protection Act of 1991 sets strict regulations for telemarketing calls and promotional text messages. The TCPA protects consumers by:
- Restricting the use of autodialers
- Limiting the use of prerecorded or artificial voice messages
- Establishing a National Do Not Call Registry
- Requiring companies to obtain consent before contacting the customer
- Banning calls to specific phone lines, including emergency lines and hospitals
- Prohibiting telemarketing calls or spam text messages during designated TCPA quiet hours
What are TCPA quiet hours?
Under the Telephone Consumer Protection Act, companies are strictly prohibited from contacting consumers before 8:00 a.m. or after 9:00 p.m., based on the customer’s local time zone.
These restricted time periods are commonly referred to as TCPA quiet hours, and they apply to telemarketing calls as well as automated promotional or spam text messages.
When businesses ignore TCPA quiet hours, each after-hours message may constitute a separate TCPA violation, which could support a TCPA lawsuit or TCPA class action lawsuit.
Violations may result in statutory damages ranging from $500 to $1,500 per message.
Previous TCPA class action lawsuits and settlements
The rise of autodialers and automated marketing platforms has made TCPA violations an increasing concern. In recent years, hundreds of TCPA class action lawsuits have been filed against retail brands, financial institutions and other companies accused of sending unwanted telemarketing calls or spam text messages.
Although not every TCPA lawsuit results in compensation, many cases have led to substantial settlements — sometimes totaling millions of dollars.
Example of an ongoing TCPA quiet hours lawsuit
One recent example of an alleged TCPA quiet hours violation involves Cupshe, a women’s clothing and swimwear retailer (Case No. 2:25-cv-05042).
In the complaint, plaintiff Olivia Lee Pesce alleges she received eight promotional marketing texts from Cupshe between April and November 2023, all of which were delivered during restricted quiet hours.
This case is currently ongoing, and the court has not yet made any findings regarding liability. However, if the alleged spam text messages are found to violate the Telephone Consumer Protection Act and the violations are determined to be willful, statutory damages could reach up to $12,000.
How to join a TCPA class action lawsuit
If you received spam text messages during TCPA quiet hours — before 8 a.m. or after 9 p.m. — you may be eligible to pursue a TCPA lawsuit and seek statutory damages.
Complete the form on this page for a free case review. If you qualify, a legal representative may contact you to discuss your legal rights and whether you can participate in a TCPA class action lawsuit.
Fill out the form on this page to see if you qualify for a free case evaluation.
See If You Qualify
Join a TCPA quiet hour violations class action lawsuit investigation
Filling out this form is quick and easy. It only takes a few minutes to see if you qualify.
After you fill out the form, an attorney(s) or their agent(s) may contact you to discuss your legal rights.
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