Analysis · Calls & text messages
A Midnight Miller Lite Golf Text Lands Molson Coors in a TCPA Class Action
Here's a fun one.
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It's midnight. You're asleep. Your phone buzzes. Is it an emergency? Nope. It's ... Miller Lite golf attire.
According to a new lawsuit, that's what happened to a woman in Texas. And now Molson Coors is facing a class action.
So what happened?
According to TCPAWorld, a consumer named Jennifer Martinez filed a Telephone Consumer Protection Act (TCPA) class action in federal court in Texas on June 9, 2026, against Molson Coors. She alleges:
- Coors sent her a marketing text at midnight promoting Miller Lite golf attire.
- A few months later, she received another one at 7 a.m.
- She never gave consent to be contacted.
The complaint includes screenshots of the texts, per TCPAWorld. It seeks to represent an "After Hours Class" of everyone in the U.S. who, in the past four years, has received more than one marketing text in a 12-month period sent before 8 a.m. or after 9 p.m. local time.
These are allegations. Coors will almost certainly argue it received consent, and the court will have to decide that.
Here's the thing ... quiet hours
The TCPA rules prohibit telephone solicitations before 8 a.m. or after 9 p.m. based on the called party's local time. Plaintiffs are using that rule more and more against text programs.
There's real debate here. TCPAWorld points out the class is probably too broad because the quiet hours rule likely only covers non-consented solicitations. It also says it's unclear whether the rule even applies the way plaintiffs claim. Plus, a growing number of courts say texts aren't "calls" under the Do Not Call rules at all.
Do you want to be the test case for this? I don't.
Why should you care?
Because it's so easy to avoid. Scheduling a text for 10 a.m. instead of midnight costs you nothing. Getting sued over it costs a lot.
What to do this week
- Set send windows by the recipient's time zone, not yours. Use the area code and any address you have.
- Default to 9 a.m. to 8 p.m. Give yourself a buffer.
- Check your automations. Abandoned cart and drip flows are where midnight texts sneak out.
- Keep consent records with timestamps.
- Watch state laws. Some states have stricter quiet hours than the federal rule.
It's not rocket science. It's a scheduling setting.
Pro tip: nobody is buying golf shirts at midnight anyway.
Do the boring stuff. It's what keeps the fun stuff going.
Not legal advice. TCPA.com provides general information, not legal advice, and is not a substitute for the advice of an attorney. Do not rely on it. Verify any action with your own licensed lawyer before you take it. See our Terms of Use.
