RUDE AWAKENING: Wellness Company Allegedly Sends 5:00 A.M. Texts To Consumers Without Consent

Hey TCPAWorld!

Imagine. It’s 5:00 a.m. The world is still. The kettle whistles before the aroma of freshly brewed coffee seizes the air. Your peace is impenetrable–or so you think. Then, an intrusion takes shape in the form of chimes and vibrations. Your phone bombarded with telephone solicitations from a source you never provided prior express permission to. This is the harm that 47 C.F.R. § 64.1200(c)(1) seeks to prevent by prohibiting callers from issuing telephone solicitations prior to 8 a.m.

In a complaint filed against Skinny Fit, LLC, a health and wellness company, the plaintiff claims to have suffered this very harm. Specifically, in SAVAGE v. SKINNY FIT, LLC, No. 8:25-CV-00376 (C.D. Cal. Feb. 25, 2025), Savage (“Plaintiff”) alleges that Skinny Fit, LLC, (“Defendant”) violated 47 C.F.R. § 64.1200(c)(1) by initiating at least two telephone solicitations to Plaintiff’s phone before 8 a.m. (local time at the called party’s location). The first message…