Telemarketing Quiet Hours Petition Update

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,