We recently published a blog about a slew of class action complaints alleging that marketing text messages cannot be sent between the hours of 9:00 pm and 8:00 am (“Quiet Hours”) unless the recipient provides prior express invitation or permission to receive such messages during Quiet Hours (“Quiet Hour Claims”). As noted, based on the plain language of the Telephone Consumer Protection Act (“TCPA”), we disagree with this argument because marketing text messages already require prior express written consent from the called party. The Ecommerce Innovation Alliance (EIA) and others filed a petition for declaratory ruling (“Petition”) with the Federal Communications Commission (“FCC”) to address this application of Quiet Hours to marketing messages.
On March 11, 2025, the FCC released a Public Notice asking for comment on the Petition. So, the FCC, and its Consumer and Governmental Affairs Bureau, have moved quickly to seek public comment on the questions raised by the petitioners.
Initial comments are due by April 10; with reply comments due by April 25. The FCC will then consider the record in contemplating a decision. There is no requirement or specific deadline for the agency to take action on the Petition. However, the plethora of Quiet Hour Claims being filed could encourage relatively prompt FCC action to clarify the rules.
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