Well the uptick has become a deluge and there is a very clear trend in new TCPA class actions right now. The Plaintiff’s bar–particularly our “friends” at Jibrael S. Hindi’s shop–are focused on text club messaging engagement outside of the TCPA’s timing windows.

For instance in a new suit against footwear company Steve Madden, Hindi’s client VALERIA TORRES claims she received text messages before 8 am:

As a result the Plaintiff is suing on behalf of 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).

As I have pointed out previously it is unclear whether the TCPA’s timing restrictions apply to calls and texts made with express written consent– but Hindi’s shop is apparently committed to finding out.

Will be interesting to see how this shakes out.

You can read the full complaint here: Madden Class Action