When Kim Kardashian said, “Get up and work”, the TCPA plaintiff’s bar took that seriously. And another Kardashian sibling may be facing the consequences.

We at TCPAWorld were the first to report on the growing trend of lawsuits filed under the TCPA’s Call Timing provisions, which prohibit the initiation of telephone solicitations to residential telephone subscribers before 8 am and after 9 pm in the subscriber’s time zone. Call it a self-fulfilling prophecy or just intuition honed by decades of combined experience, but these lawsuits show no signs of slowing down.

In Melissa Gillum v. Good American, LLC. (Mar. 11, 2025, C.D. Ca), Plaintiff alleges that Khloe Kardashian’s clothing brand Good American sent the following text messages to her residential telephone number at 07:15 AM and 06:30 AM military time:

Of course, Plaintiff alleges she never authorized Good American to send her telephone solicitations before 8 am or after 9 pm.

Plaintiff also seeks to represent the following 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).

The consensus here on TCPAWorld is that calls or text messages made with prior express consent are not “telephone solicitations” and likely not subject to Call Time restrictions. We’ll have to see how these play out but stay tuned for the latest updates!