A new TCPA class action was just filed in the Central District of California against LovePop, Inc. due to Lovepop allegedly sending text messages to Plaintiff Richard Evans outside the quiet hours and while his phone number was on the National DNC Registry.

And based on the screenshots in the Complaint, many of those texts were pushing holiday card purchases—which is festive, sure, but raises questions about its legality.

See below.

For the National DNC component of the case, are text messages still even covered under the DNC provisions? I’m new to the TCPA space but from what I’ve seen, these quiet hour provision cases are gaining a lot more notoriety than before. Remember, it is a violation of the TCPA to contact a consumer between the hours of 9:00 p.m. and 8:00 a.m. at the called party’s location. That last bit is crucial because if you’re running a nationwide texting campaign, you’d better know your time zones!

For the National DNC component of the case, are text messages still even covered under the DNC provisions?

This article was authored by Oliver Shapiro