NO LOVE LOST: Female Clothing Company Thirdlove Hit With Class Action Lawsuit For Alleged Violations of The Quiet Hours Provisions

Hi TCPAWorld:

Another lawsuit involving an alleged violation of 47 C.F.R. § 64.1200(c)(1) (the “Quiet Hours Provision”) just got filed in the U.S. Central District of California. As with many others, this one comes from Jibrael Hindi’s office, which has filed numerous of quiet hours cases (and the word numerous is an understatement). See the links below for two other blogs of cases involving Jibrael’s office filing a TCPA lawsuit alleging violations of the quiet hours provision that I recently blogged about.

The plaintiff here is the same one as the one involved with a quiet hours action against the smoothie company Daily Harvest.

BITTER TASTE: Smoothie Company Hit With Class Action Lawsuit For Alleged Violations of The Quiet Hours Provision

FISHING FOR CUSTOMERS: Seafood Company Hit With Class Action Lawsuit For Alleged Violations of The Quiet Hours Provisions

All of these quiet hour cases seem to be coming fast and furious from Jibrael’s office.

As a refresher, the “quiet hours” provision under the TCPA prohibits initiating telephone solicitations before 8:00 a.m. or after 9:00 p.m. local time of the called party. The DNC provision provides that, when an individual whose phone number has been registered on the national DNC registry for more than thirty days receives more than one telephone solicitations in a twelve-month period, that individual has a private right of action. See 47 U.S.C. § 227(c)(5). Section 227(c)(2), on the other hand, implements additional regulations, including the Quiet Hours Provision, which provides the same private right of action for telephone solicitations made either before 8 a.m. or after 9 p.m., in the recipient’s local time. See 47 U.S.C. § 227(c)(2); C.F.R. § 64.1200(c)(1).

In this latest suit, Bianca Johnston v. THIRDLOVE, INC., 5:26-cv-01173-SSS-DTB (C.D. Cal. March 6, 2026), Bianca Johnston, alleges that on or about September 26, 2025 and January 15, 2026, she received text messages from Thirdlove before the hours of 8 a.m. or after 9 p.m. local time in her location.

See the screenshot of the text messages from the complaint below:

The screenshot does seem to preliminary support the Plaintiff’s allegation. From the above screenshot that was provided in the complaint, only exactly two marketing messages were sent before 7 a.m. (one on September 26, 2025 at 6:36AM and the other on allegedly January 15, 2026 at 7:04AM though the exact date is unclear since the screenshot just says “Today”).

There are no other messages shown to be sent during the quiet hours as defined in the TCPA. It is important to remember that there have been rulings to support the fact that a recipient’s area code determines the recipient’s time zone regardless of when this was sent by the company. See Jubb v. CHW Group Inc., No. 23CV23382 (EP) (MAH), 2025 WL 942961 (D.N.J. Mar. 28, 2025).

Similarly to the blogs above that covered the previous cases that Jibrael Hindi’s office filed (as mentioned the Plaintiff here is the same one as the one in the Daily Harvest lawsuit), Bianca Johnston is not only seeking damages for herself but she is attempting to certify a nationwide class of people who also received marketing messages from Thirdlove during the quiet hours.

The class definition is:

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 before, TCPA carries statutory violations of $500 per text and up to $1,500 if they were knowing and willful violations. For the two text messages that Bianca received outside the quiet hours, she could recover up to $3,000. However, that number of course could go up exponentially if the class is certified. For example, if even 50 additional people each received one marketing message outside the quiet hours, that would increase the potential liability to $26,00 if simply using the base statutory amount.

It will be interesting to see where this case goes from here as the quiet hours provision within the greater TCPA framework is still an evolving area and Jibrael’s office has filed numerous of these type of cases as shown above. As more cases get filed, more have the potential for important rulings and we will be sure to stay on top of all developments.

Furthermore, we will keep an eye on whether Plaintiff becomes a serial litigator who brings numerous of these quiet hour cases forward especially in the ninth circuit given how the circuit defines text messages to be calls for purposes of TCPA violations. It’s also important to note that Jibrael himself has offered attorneys to pay him $20,000 to learn how to become serial litigators through a workshop that he is initiating. Don’t believe me? Look at the article below.

TCPAWORLD AFTERDARK: Hindi charging $20k to teach other lawyers to be TCPA sharks

This is a firm that prides itself on bringing a high-volume amount of these kinds of lawsuits. To make sure you are best prepared to defend these kinds of cases and know what you should do, make sure to attend the Law Conference of Champions this May. Among the many amazing topics that will be covered, Partner Brittany Andres will go over some of the litigation tactics that are used to handle and defeat these class allegations. You do not want to miss this as it can be the difference when it comes to saving you lots of money (and who doesn’t want to save money?).

I will keep you posted TCPAWorld on any news coming from this case (and the others) and will report back. Talk to you soon!