Surge In TCPA Quiet Time Litigation

Our readers may recall a recent piece in which we discussed a petition seeking clarity from the Federal Communications Commission ("FCC") about the Telephone Consumer Protection Act's ("TCPA") applicability to calls made late at night and early in the morning. This uptick in TCPA quiet time litigation is spearheaded by a Fort Lauderdale, Florida-based law firm that actively solicits consumers to file TCPA time-specific lawsuits in which consumers allege that they received telephone solicitations during the hours of 9:00 p.m. to 8:00 a.m. ("TCPA Quiet Time"). Below, we discuss: (1) the rise in TCPA Quiet Time litigation; (2) the law firm responsible for the majority of these lawsuits; and (3) the implications of these types of TCPA lawsuits.