/>iBusinesses must avoid sending solicitations before 8 a.m. or after 9 p.m. (local time at the called party’s location), especially if they have not obtained prior express written consent. The number of allegations for violations of 47 U.S.C. § 227(c)(5) and 47 C.F.R. § 64.1200(c)(1) continue to pile on.
In a complaint filed against Grenades, LLC, a seller of “explosively, strong” gum, the plaintiff raises these same allegations. Specifically, in Toscano v. Grenades, LLC, No. 2:25-CV-02049 (C.D. Cal. Mar. 7, 2025), Toscano (“Plaintiff”) alleges that Grenades, LLC, (“Defendant”) violated 47 C.F.R. § 64.1200(c)(1) by initiating three telephone solicitations to Plaintiff’s phone before 8 a.m. or after 9 p.m. (local time at the called party’s location). The first message Plaintiff claimed to have received at 7:02 a.m. reads as follows:
Grenades Gum: The 4-PACK is Back, just $9.99! That’s a savings of 37%!
Id. at ¶ 14. On a separate Sunday, Plaintiff claims to have received another 7:02 a.m. message, stating:
Grenades Gum: SINGLES ARE BACK AGAIN! 12% OFF individually wrapped singles, Assorted Variety Pack FIVE flavors! https://kvo2.io/UAYRbn
Plaintiff seeks to represent the following class:
Proposed Class. 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).
Id. at ¶ 23.
Don’t forget to stay compliant with both federal and state regulations, as many states have layered their own restricted timeframes on top of the TCPA.
