It’s not just what you say in your marketing message, it’s when you say it. There’s been a recent notable surge in TCPA class action lawsuits, particularly concerning the TCPA’s allowable calling hour requirement. The TCPA mandates marketing calls and text messages be sent only between the hours of 8:00 AM and 9:00 PM, based on the recipient’s local time. The regulation is designed to protect consumers from unwanted disturbances during inappropriate hours, and bear in mind that some state laws impose even stricter constraints.
The Rising Tide of TCPA Filings
Recent complaints underscore this growing trend within TCPA filings, with both call and text violations coming under fire. For example, R.J. Reynolds Tobacco Company, known for brands like Camel and Newport, is currently facing a class action lawsuit for allegedly sending marketing texts before 8:00 AM. The plaintiff in this case claims to have received early-morning marketing texts around 7:15 AM and 7:36 AM, local time. Other notable companies, such as Louisiana Crawfish Company, the Tampa Bay Buccaneers, and 7-Eleven, have also been sued for allegedly violating the TCPA’s time-of-day restrictions.
Best Practices for Businesses
Don’t become an easy target for opportunistic plaintiffs and vigilant regulators. Understanding and abiding by call time restrictions is critical to maintaining a successful compliance program. Begin with these best practices:
- Know the Rules: Stay on top of TCPA and TSR call time requirements (8:00 AM – 9:00PM), as well as state regulations that may impose even tighter restrictions.
- Time Zone Awareness: Always consider the call recipient’s local time, based on the more restrictive of their area code or address, when scheduling marketing calls and texts.
- Safe Time Window: If unsure of the recipient’s location or time zone, initiate calls and texts between 11:00 AM and 9:00 PM ET. This timeframe ensures compliance with the allowable calling hours across all U.S. time zones.
- Regular Audits: Conduct regular audits of your marketing practices to ensure ongoing compliance with TCPA call time restrictions.
- Consumer Preferences: Respect consumer preferences and opt-out requests to build and maintain trust.
Questions about how call time restrictions and other regulatory requirements apply to your call and text initiatives? Reach out to us to learn more.
*Tori Geller contributed to this article.
Michele is the Managing Partner at M&S and former Chief of the Ohio Attorney General’s Consumer Protection Section. Bringing more than two decades of experience in the consumer protection arena, she advises highly regulated businesses on a wide range of telemarketing, privacy, and other consumer protection matters.