You could be owed up to $1,500 for each text sent too early or too late.
Did you get promotional text messages before 8 a.m. or after 9 p.m.? These texts may have broken federal law, and you may be eligible to seek compensation. Fill out the form on this page to share your experience and see if you qualify.
The Telephone Consumer Protection Act (TCPA) establishes specific restrictions on telemarketing calls and promotional text messages, including designated quiet hours during which companies are prohibited from contacting consumers. Despite these restrictions, numerous complaints allege that businesses continue to send automated marketing texts outside legally permitted timeframes.
If you received promotional text messages before 8 a.m. or after 9 p.m., you may have grounds to take legal action.
Do you qualify?
If you received a promotional text message during TCPA quiet hours — before 8 a.m. or after 9 p.m. — you may qualify to join a TCPA class action for after-hours texts. Complete the form on this page to verify your eligibility.
Fill out the form on this page for more information.
The law firm responsible for the content of this page is: Lemberg Law LLC; Wilton, CT; 203-653-2250; lemberglaw.com.
What is the TCPA?
Passed in 1991, the Telephone Consumer Protection Act 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 messages
- Establishing a Do Not Call Registry
- Requiring companies to obtain consent before contacting the customer
- Banning calls to certain phone lines, including emergency lines and hospitals
- Prohibiting calls or spam text messages during certain hours of the day
What are TCPA quiet hours?
As part of the TCPA regulations, companies are strictly prohibited from contacting customers before 8 a.m. and after 9 p.m. local time for the consumer.
Under the Telephone Consumer Protection Act, companies are prohibited from making telemarketing calls or sending promotional text messages during certain “TCPA quiet hours.” Specifically, businesses may not contact consumers before 8:00 a.m. or after 9:00 p.m., based on the customer’s local time zone.
When companies ignore TCPA quiet hours, each after-hours message may constitute a separate TCPA violation, potentially resulting in statutory damages ranging from $500 to $1,500 per message.
Previous TCPA class actions and TCPA settlements
This issue has become a growing concern with the increasing use of autodialers and automated messaging systems. In recent years, hundreds of lawsuits have been filed against retail brands, financial institutions and other companies accused of violating the TCPA.
While not every case results in a positive outcome, many TCPA class actions have resulted in substantial settlements, sometimes reaching millions of dollars.
Example of an ongoing TCPA quiet hours lawsuit
One prominent example of a recent TCPA quiet hours text message lawsuit was filed against Cupshe, a popular women’s clothing and swimwear retailer (Case No. 2:25-cv-05042). Plaintiff Olivia Lee Pesce alleges she received eight marketing texts from Cupshe between April 2023 and November 2023, all of which were received during quiet hours.
This case is currently ongoing, and no findings have been made regarding liability. However, if the court ultimately finds that the alleged spam text messages violated the TCPA and that the violations were willful, statutory damages could reach up to $12,000.
How to join a TCPA class action
If you received spam text messages during TCPA quiet hours, you may be eligible to pursue legal action and seek statutory damages.
Complete the form on this page for a free case review. If you qualify, an experienced attorney may contact you to discuss your rights and options.
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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