The Early Text Gets the Lawsuit: Craftie Fox Sued Under TCPA

In recent months, a growing trend has emerged: plaintiffs filing TCPA class actions that claim companies violated federal calling time restrictions by reaching out before 8:00 a.m. or after 9:00 p.m. local time, even when the person may have given consent.

The latest example is Wilson v. Craftie Fox, Inc., No. 1:25-cv-22069 (S.D. Fla. May 5, 2025). In the complaint, Chet Wilson alleges that Craftie Fox sent him marketing texts as early as 7:15 a.m. local time in Oregon. He’s now looking to represent a proposed “Early/Late Calls Class,” which would include:

All persons in the United States who from four years prior to the filing of this action through class certification (1) Defendant called more than one time to their residential telephone number, (2) within any 12-month period (3) promoting [Craftie Fox’s] goods or services, (4) before the hour of 8 a.m. or after 9 p.m. (local time at the called party's location).

Now for the good news: while the TCPA restricts solicitation texts before 8:00 a.m. and after 9:00 p.m., there are some key exemptions. The rule doesn’t apply when:

1. The message isn’t a solicitation (i.e., it's purely informational or transactional);

2. The recipient gave prior express invitation or permission;

3. There’s an established business relationship;

4. The call is business-to-business; and

5. The call is made with consent.

Even so, companies should be mindful of how timing affects consumer perception. Repeated early morning or late-night messages, especially to unintended recipients, may lead to complaints or litigation regardless of the merit of these claims.

I expect plaintiffs to keep pushing this theory, often as an add-on to other claims like alleged violations of the federal “do-not-call” list. Until courts consistently shut these cases down based on the available exemptions, companies should stay vigilant and smart about when they engage with consumers.