Ecommerce Innovation Alliance Urges FCC Ruling on Quiet-Time Texts
The Ecommerce Innovation Alliance told the FCC that the issues its members face have gotten worse since it filed a petition in March asking for a declaratory ruling finding that people who provide prior express written consent to receive text messages can't claim damages under the Telephone Consumer Protection Act for messages received outside the hours of 8 a.m. to 9 p.m. (see 2503030036). Comments were due on the petition Thursday, replies April 25.
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At the time the petition was filed, the alliance “reported that it had identified 100 cases that had been filed in federal courts since November 2024 alleging violations of the Commission’s quiet hours provision,” said a filing posted Thursday in docket 02-278. “Just a little over a month later, that number has grown considerably to over 175 cases.” The group said most of the cases were filed by a single law firm, which “has also started to send some companies pre-suit demand letters, attempting to get quick cash settlements.”