The Ecommerce Innovation Alliance (EIA) appreciates Law360’s recent coverage of our petition to the Federal Communications Commission (FCC) regarding the “quiet hours” rule and text marketing messages received outside the hours of 8 A.M. to 9 P.M. The article, “Courts Equipped For Frivolous ‘Quiet Hour’ Suits, FCC Told,” written by Christopher Cole and published on April 21, 2025, provided valuable insight into our proactive efforts to address a critical issue impacting law-abiding businesses in the e-commerce sector.
The article communicated EIA’s concern regarding the increasing incidence of what are considered frivolous lawsuits exploiting the “quiet hours” rule against businesses that have diligently secured prior consumer consent. As articulated in the petition and reported by Law360, EIA aims to prevent the misuse of this rule by plaintiffs’ lawyers abusing it to initiate unwarranted TCPA “quiet hours” litigation against businesses that are operating in accordance with FCC regulations.
The inclusion of opposing perspectives from consumer groups in Law360’s coverage is acknowledged. While respecting these viewpoints, EIA maintains its position, as articulated by President and CEO David Carter, that a significant majority of these cases involve companies that have received prior express invitation or permission from recipients before sending any text messages.
“Let me be absolutely clear that our investigation reveals that the vast majority of the approximately 200 cases initiated by the Jibrael Hindi Law Firm of South Florida, which has been actively soliciting plaintiffs on social media; were filed against companies that have obtained prior express invitation or permission before sending any text messages”.
David Carter, to Law360 via email Monday, April 21st.
Mr. Carter’s statement further emphasizes that the preponderance of these cases are unsubstantiated, as the “quiet hour” rules are inapplicable when prior consent has been obtained.
Law360’s reporting of the petition and subsequent discourse is deemed essential for raising awareness regarding this matter. EIA’s objective is to safeguard law-abiding ecommerce businesses from abusive litigation and ensure that the TCPA fulfills its intended purpose without impeding legitimate communication with consenting consumers.
The Ecommerce Innovation Alliance reaffirms its commitment to fostering a robust and innovative e-commerce environment while respecting consumer rights. It believes that explicit regulatory guidelines are paramount to achieving this equilibrium, and the petition to the FCC represents a substantial step in this endeavor. Appreciation is extended to Law360 for disseminating this matter to a broader audience.
Read the full article at: https://www.law360.com/articles/2328039/courts-equipped-for-frivolous-quiet-hour-suits-fcc-told. Login required (free memberships available with registration).
