Ecommerce Innovation Alliance Fights Back Against “Quiet Hours” Shakedown Litigation

The Ecommerce Innovation Alliance (EIA) and other petitioners filed a petition today with the Federal Communications Commission (FCC) to address an alarming surge in frivolous litigation exploiting the Telephone Consumer Protection Act (TCPA). The petition seeks a declaratory ruling to confirm that individuals who provide prior express written consent to receive marketing text messages from a business cannot initiate litigation against the same business under the TCPA for messages received outside the hours of 8 a.m. to 9 p.m., the so-called “quiet hours.”