Best Practices for Abiding by the TCPA’s Allowable Calling Hours

We aim to highlight the importance of due diligence in lead campaigns and to keep our customers and industry associates up-to-date with the compliance news reported for our industry. The following article is reprinted here for our readers, courtesy of our legal partners Mac Murray & Shuster. 

Read on to learn more about the recent surge in TCPA class action lawsuits and best practices for navigating call time restrictions. 

Timing is everything: Navigating the TCPA’s allowable calling hours

By Michele Shuster

It’s not just what you say in your marketing message, it’s when you say it. There’s been a recent notable surge in TCPA class action lawsuits, particularly concerning the TCPA’s allowable calling hour requirement. The TCPA mandates marketing calls and text messages be sent only between the hours of 8:00 AM and 9:00 PM, based on the recipient’s local time. The regulation is designed to protect consumers from unwanted disturbances during inappropriate hours, and bear in mind that some state laws impose even stricter constraints.

The rising tide of TCPA filings

Recent complaints underscore this growing trend within TCPA filings, with both call and text violations coming under fire. For example, R.J. Reynolds Tobacco Company, known for brands like Camel and Newport, is currently facing a class action lawsuit for allegedly sending marketing texts before 8:00 AM. The plaintiff in this case claims to have received early-morning marketing texts around 7:15 AM and 7:36 AM, local time. Other notable companies, such as Louisiana Crawfish Company, the Tampa Bay Buccaneers, and 7-Eleven, have also been sued for allegedly violating the TCPA’s time-of-day restrictions.

Best practices for businesses

Don’t become an easy target for opportunistic plaintiffs and vigilant regulators. Understanding and abiding by call time restrictions is critical to maintaining a successful compliance program. Begin with these best practices:

1. Know the Rules: Stay on top of TCPA and TSR call time requirements (8:00 AM – 9:00PM), as well as state regulations that may impose even tighter restrictions.

2. Time Zone Awareness: Always consider the call recipient’s local time, based on the more restrictive of their area code or address, when scheduling marketing calls and texts.

3. Safe Time Window: If unsure of the recipient’s location or time zone, initiate calls and texts between 11:00 AM and 9:00 PM ET. This timeframe ensures compliance with the allowable calling hours across all U.S. time zones.

4. Regular Audits: Conduct regular audits of your marketing practices to ensure ongoing compliance with TCPA call time restrictions.

5. Consumer Preferences: Respect consumer preferences and opt-out requests to build and maintain trust.

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