A federal court has issued a ruling on the ongoing fight over TCPA “quiet hours” litigation — and ecommerce businesses should pay close attention.
The decision in King v. Bon Charge challenges a growing wave of lawsuits targeting businesses for allegedly contacting consumers during federally restricted “quiet hours,” even when those consumers voluntarily provided their phone numbers and consented to receive communications. The ruling reinforces the position the Ecommerce Innovation Alliance (EIA) has repeatedly expressed, including before the FCC and in public policy discussions: consent matters and consumers who have given consent have no basis to sue for quiet hours violations. The decision could significantly impact how TCPA quiet hours claims are litigated moving forward and empower brands that are targeted by frivolous quiet hour cases to fight back, rather than settling these meritless claims.
What Is the TCPA “Quiet Hours” Rule?
Under FCC rules implementing the Telephone Consumer Protection Act (TCPA), “telephone solicitations” cannot be placed before 8 a.m. or after 9 p.m. local time at the called party’s location. Telephone solicitations, however, are defined by Congress to exclude class made prior invitation or permission, when an established business relationship exists, or when the calls are originated by a tax-exempt nonprofit.
In recent years, however, a small group of plaintiffs’ attorneys (really just one, until recently) have increasingly used these “quiet hours” provisions to file lawsuits against businesses — even in situations where consumers voluntarily provided their phone numbers, opted into communications, or have purchased products from the business.
The EIA has repeatedly warned members that these lawsuits generally lack merit and that the lawyers filing them are pursuing them without a valid legal basis.
What Happened in King v. Bon Charge?
In King v. Bon Charge, a federal court rejected claims based on alleged quiet hours violations where the plaintiff had voluntarily provided their phone number and consented to receive communications from the company.
The ruling recognizes that which the plain language of the TCPA makes apparent: consumers who knowingly consent to communications may not later weaponize quiet hours rules against businesses engaging in the very communications they requested.
The decision is significant because it rejects a baseless interpretation of TCPA that would have imposed higher burdens on businesses. For ecommerce brands, the ruling should be used to help restore balance to how consent-based communications are treated under the law.
What Businesses Should Watch Next
While the ruling is favorable for businesses, it does not eliminate TCPA compliance obligations. Brands should still maintain strong consent records, clear disclosures, reasonable communication timing practices, and accessible opt-out mechanisms.
For ecommerce businesses King v. Bon Charge is the clearest signal yet that a business who has obtained consent should not be misled into paying shakedown settlements for meritless quiet hour claims. If you need help standing up and fighting back – or you have a lawyer telling you to settle – please reach out. The EIA is here to help and can connect you with experience, cost-effective counsel, who can help your business not be taken advantage of.
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Ecommerce Innovation Alliance provides members with analysis of litigation and regulatory developments affecting online commerce and digital marketing. This post is for informational purposes only and does not constitute legal advice.
