The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.
Litigation under the Telephone Consumer Protection Act (“TCPA”) is experiencing a notable shift, with an increasing number of class action lawsuits targeting businesses for sending marketing text messages outside of federally mandated "quiet hours." These quiet-hour restrictions—outlined in 47 C.F.R. §64.1200(c)(1)—prohibit marketing calls or texts before 8:00 a.m. and after 9:00 p.m. local time. Complicating things even further, several states have different time-of-day or day-of-week restrictions different from the federal TCPA.