A putative class action complaint was filed against Dave & Buster's, alleging violations of the Telephone Consumer Protection Act (TCPA) for failing to observe proper telemarketing hours. The plaintiff claims to have received three marketing text messages between 3:00 a.m. and 6:00 a.m. on a personal cellular phone. The TCPA regulations prohibit telephone solicitations to residential lines before 8 a.m. or after 9 p.m. local time.
If the allegations are proven true, Dave & Buster's could face a significant monetary judgment, with potential liability of $500 per text message, or $1,500 per text message if the conduct is found to be willful, on a class-wide basis. This legal action highlights the importance for businesses to ensure continuous compliance with all aspects of telemarketing regulations.
The lawsuit underscores a growing trend of "Quiet Hours" claims being filed, reminding companies that state-specific "Mini-TCPA's" also contain acceptable hours for telemarketing. This legal challenge could result in financial costs and operational adjustments for Dave & Buster's.
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