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Earlier this year, we wrote a piece about a petition to the Federal Communications Commission ("FCC") aimed at curbing the influx of Telephone Consumer Protection Act ("TCPA") telemarketing quiet hours lawsuits. Since the filing of the petition, TCPA quiet hours filings have surged and a recent submission to the FCC in further support of the petition meticulously details this fact. Below, we discuss the recent FCC filing in detail.
Recent FCC Filing Highlights Alarming Number of Telemarketing Quiet Hours Lawsuits
Readers may recall that the petition filed by the Ecommerce Innovation Alliance ("EIA"), a nonprofit trade association, seeks, among other things, a declaratory ruling from the FCC affirming that calls and text messages sent with prior express written consent are not subject to the TCPA's telemarketing quiet hours restriction. Such a ruling would effectively end the surge in telemarketing quiet hours lawsuits. At the time EIA submitted its petition, approximately ninety (90) TCPA quiet hours lawsuits had been filed between November 2024 and March 2025. According to EIA's recent FCC filing in further support of its petition, "[t]he overall campaign, which began in November 2024, has now generated 480 quiet hour cases or demand letters, marking a crisis point one year after the first filing." During a three-and-a-half-month period, EIA's data demonstrates that "137 new cases or demand letters were filed in the short period between August 1, 2025, and November 20, 2025."
Our readers also may recall that one law firm is responsible for the vast majority of these telemarketing quiet hours lawsuits, and the data EIA included with its recent filing reinforces this fact. According to EIA's filing, as of November 20, 2025, "The Law Offices of Jibrael Hindi PLLC, is responsible for an overwhelming majority of these actions, now attributed to 456 of the 478 quiet hour cases or demand letters."
If Your Company Places Marketing Calls/Texts, Speak With KMT
The quiet hours regulation pertains to "telephone solicitations." As EIA notes, the FCC's definition of telephone solicitation expressly excludes calls and text messages delivered to any person with that person's prior express invitation or permission. Therefore, it logically follows that consent-based marketing calls and texts are not subject to the quiet hours regulation.
Even if your company exclusively relies upon consent-based marketing, it still may find itself named in a TCPA quiet hours lawsuit. To date, the FCC has not opined on EIA's petition, which will only fuel the continued filing of these TCPA telemarketing quiet hours cases. Until something is done to address the quiet hours regulation, the plaintiffs' bar will continue to exploit it. As such, marketers must remain wary.
Klein Moynihan Turco's ("KMT") litigation team has successfully defended numerous companies named in quiet hours cases. In addition, the attorneys at KMT regularly advise clients on telemarketing law compliance.
Similar Blog Posts:
TCPA Quiet Hours Telemarketing and Consent
Surge in TCPA Quiet Time Litigation
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