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US – May 2026 The Federal Communications Commission’s(FCC) rules implementing the TelephoneConsumer Protection Act (TCPA) explicitlystate that “[n]o person or entity shall “Consent” renders the Quiet Hours provision inapplicable here– The court noted that Mrs. King hadchecked the box on elements of her Quiet Hours claim untilit came to consent. However, in the case of a Quiet Hoursviolation claim, no written form of “prior express invitationor permission” is required under the FCC’s rules. Instead,“the general definition of express consent applies and ‘anindividual can provide it by ‘knowingly releas[ing] [her] phone Deluge of class action litigation– In recent years, a fewplaintiff’s attorneys have seized on this “Quiet Hours”proscription to bring TCPA class actions, alleging violationseven where consent might have been given to receive What Is the potential impact of the decision?–Thedecision could provide a “road map” for other courts whoare presented with a similar question. It arguably bolstersthe Ecommerce Innovation Alliance petition still pending atthe FCC. Perhaps it will also have an impact on the “cost” of telemarketing calls. Faced with this deluge of litigation, inMarch of 2025 theECommerce Innovation Alliance and otherspetitioned the FCC to clarify that individuals who provide therequisite consent “cannot claim damages under the TCPA for Contacts Phyllis King et al. v. Bon Charge(2026 WL 1171386):Background Facts– In February 2021, Mrs. King“subscribed” to marketing messages from Bon Charge toget a discount from its online store. After receiving “dozensof telemarketing text messages,” she added her wirelessnumber to the “Do Not Call List” in early 2022. But shestill received the texts, “some of which came in the middleof the night or early morning.” In late 2024, she finally Paul BesozziSenior Partner, Washington DCT +1 202 457 5292E paul.besozzi@squirepb.com