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Well the uptick has become a deluge and there is a very clear trend in new TCPA class actions right now. The Plaintiff’s bar–particularly our “friends” at Jibrael S. Hindi’s shop–are focused on text club messaging engagement outside of the TCPA’s timing windows.
For instance in a new suit against footwear company Steve Madden, Hindi’s client VALERIA TORRES claims she received text messages before 8 am:
As a result the Plaintiff is suing on behalf of the following class:
All persons in the United States who from four years prior to
the filing of this action through the date of class certification
(1) Defendant, or anyone on Defendant’s behalf, (2) placed
more than one marketing text message within any 12-month
period; (3) where such marketing text messages were
initiated before the hour of 8 a.m. or after 9 p.m. (local time
at the called party’s location).
As I have pointed out previously it is unclear whether the TCPA’s timing restrictions apply to calls and texts made with express written consent– but Hindi’s shop is apparently committed to finding out.
Will be interesting to see how this shakes out.
You can read the full complaint here: Madden Class Action
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Find Your Next Job !
Well the uptick has become a deluge and there is a very clear trend in new TCPA class actions right now. The Plaintiff’s bar–particularly our “friends” at Jibrael S. Hindi’s shop–are focused on text club messaging engagement outside of the TCPA’s timing windows.
For instance in a new suit against footwear company Steve Madden, Hindi’s client VALERIA TORRES claims she received text messages before 8 am:
As a result the Plaintiff is suing on behalf of the following class:
All persons in the United States who from four years prior to
the filing of this action through the date of class certification
(1) Defendant, or anyone on Defendant’s behalf, (2) placed
more than one marketing text message within any 12-month
period; (3) where such marketing text messages were
initiated before the hour of 8 a.m. or after 9 p.m. (local time
at the called party’s location).
As I have pointed out previously it is unclear whether the TCPA’s timing restrictions apply to calls and texts made with express written consent– but Hindi’s shop is apparently committed to finding out.
Will be interesting to see how this shakes out.
You can read the full complaint here: Madden Class Action
More Upcoming Events
Sign Up for any (or all) of our 25+ Newsletters
You are responsible for reading, understanding, and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free-to-use, no-log-in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates, or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys, or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.
Under certain state laws, the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 2070 Green Bay Rd., Suite 178, Highland Park, IL 60035 Telephone (708) 357-3317 or toll-free (877) 357-3317. If you would like to contact us via email please click here.
Copyright ©2025 National Law Forum, LLC