On March 11, 2025, the Federal Communications Commission (“FCC”) requested comments on whether the Telephone Consumer Protection Act (“TCPA”) curfew applies to texts sent after hours to consumers who expressly consented to receiving those texts.
The notice can be reviewed here: DA-25-216A1.pdf, and comments are due before April 10, 2025. You can review filed comments or file them yourself here: http://www.fcc.gov/ecfs using the FCC reference code DA-25-216.
Previous to recent TCPA class actions in this area, it was commonly believed that calls or texts sent with express consent were exempt from state and federal curfews. You should advise the FCC to put a stop to this abuse.
