Hey TCPAWorld!

Imagine. It’s 5:00 a.m. The world is still. The kettle whistles before the aroma of freshly brewed coffee seizes the air. Your peace is impenetrable–or so you think. Then, an intrusion takes shape in the form of chimes and vibrations. Your phone bombarded with telephone solicitations from a source you never provided prior express permission to. This is the harm that 47 C.F.R. § 64.1200(c)(1) seeks to prevent by prohibiting callers from issuing telephone solicitations prior to 8 a.m.

In a complaint filed against Skinny Fit, LLC, a health and wellness company, the plaintiff claims to have suffered this very harm. Specifically, in SAVAGE v. SKINNY FIT, LLC, No. 8:25-CV-00376 (C.D. Cal. Feb. 25, 2025), Savage (“Plaintiff”) alleges that Skinny Fit, LLC, (“Defendant”) violated 47 C.F.R. § 64.1200(c)(1) by initiating at least two telephone solicitations to Plaintiff’s phone before 8 a.m. (local time at the called party’s location). The first message Plaintiff claimed to have received at 5:01 a.m. reads as follows:

SkinnyFit: Want to reveal your most flawless side? Try your match for free: https://kvo7.io/yzJPN7 Text STOP to opt-out

Id. at ¶ 14. Then, on the following day at 5:03 a.m., Plaintiff claims to have received another message:

SkinnyFit: Psst psst. Don’t wait until our best-selling Super Youth Orange Pineapple is out of stock… Did I mention you get to try it FREE for 21 days? Make your move now: https://.kvo7.io/cdTTNK

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.

It remains to be seen whether Skinny Fit, LLC, actually violated 47 C.F.R. § 64.1200(c)(1). That being said, this complaint serves as a cautionary tale: Avoid sending solicitations before 8 a.m. or after 9 p.m. (local time at the called party’s location), especially if you have not obtained prior express written consent. To stay compliant, it is essential to implement reliable systems to determine the recipient’s local time before sending any such solicitations.

One more thing. Starting April 11, 2025, the new revocation rule takes effect, which will require businesses to process revocation requests within a reasonable timeframe– no later than 10 business days. The team at Troutman Amin, LLP put together a concise and valuable one-sheet to help stakeholders understand the impact of the new rule. Download it here: Compliance Alert (TCPA Revocation Rule).

Stay tuned for more TCPA insights!