Hi TCPAWorld! The Baroness here and a new TCPA lawsuit was just filed. Just in time for Summer!
Yes, another TCPA lawsuit has just hit the docket, and once again, it’s centered around the increasingly active quiet hours provision. No surprise, this one comes from Jibrael Hindi’s office, which has filed hundreds of these quiet hours cases in recent months.
For those keeping track, the “quiet hours” provision under the TCPA prohibits initiating telephone solicitations before 8:00 a.m. or after 9:00 p.m. local time of the called party. 47 C.F.R. § 64.1200(c)(1). This provision is rapidly becoming a favorite for the plaintiffs’ bar.
In this latest suit, Olivia Lee Pesce, alleges that between April 14, 2023 and November 17, 2023, she received 8 text messages from Summer Vibe Inc. d/b/a Cupshe (yes, the swimwear brand) before the hour of 8 a.m. or after 9 p.m. local time in her location. A screenshot of the text messages are as follows:
As you folks know, the TCPA carries statutory violations of $500 per text and up to $1,500 if they were knowing and willful violations. So at best, Olivia could recover $12,000 ($1,500 x 8 messages) for the texts she received.
But the real exposure lies in the putative class. Olivia isn’t just seeking damages for herself—she’s attempting to certify a nationwide class of individuals who also received marketing texts from Summer Vibe during the quiet hours:
All persons in the United States who from four years prior to the filing of this action through the date of class certification (1) Defendant, or anyone on Defendant’s behalf, (2) placed more than one marketing text message within any 12-month period; (3) where such marketing text messages were initiated before the hour of 8 a.m. or after 9 p.m. (local time at the called party’s location).
So now everyone Summer Vibe texted outside the quiet hours are potentially in the class. Let’s do the math. If just 100 people received similar texts, even at the base statutory amount, the potential liability is already at $50,000—and that number only goes up if willfulness is proven or more class members are found.
While these cases are multiplying, it’s important to remember quiet hours litigation is still a new and evolving area of law. It remains to be seen how far these cases will go.
Companies should keep a close eye on this trend. Hindi is clearly on the prowl.
As this case was just filed, not much has happened yet, but we will definitely keep a close eye on this one to see how it plays out. Pesce v. Summer Vibe Inc., Case No.: 2:25-cv-05042