Topgolf Sued Over Marketing Texts Sent Before 8 a.m.

The rule is simple. No telephone solicitations before 8:00 a.m. or after 9:00 p.m., measured at the recipient's location.

Here is what happened

Plaintiff Jeffrey Adam Rose, a resident of Placer County, California, alleges that Topgolf sent him marketing text messages. The complaint says that according to screenshots, the messages were initiated at 7:13 AM, 7:41 AM and 7:40 AM in his time zone.

It alleges that the purpose of the texts was to advertise, promote, or market Topgolf's property, goods, or services. These are allegations. Topgolf has not been found liable, and no class has been certified.

You can read the complaint here: Rose v. Topgolf TCPA complaint.

The proposed class

The plaintiff seeks to represent all persons in the United States who, from four years before the filing through class certification, received more than one marketing text from Topgolf, or anyone acting on its behalf, within any 12 month period, where the messages were initiated before 8:00 a.m. or after 9:00 p.m. local time at the recipient's location.

The law

The claim is based on 47 U.S.C. § 227(c) and the Federal Communications Commission (FCC) rule at 47 C.F.R. § 64.1200(c)(1), which bars telephone solicitations to residential subscribers before 8:00 a.m. or after 9:00 p.m., local time at the called party's location.

Section 227(c)(5) provides a private right of action where the recipient received more than one call in violation of this prohibition within any 12 month period. Damages are up to $500 per violation, and up to $1,500 if the violation is willful or knowing.

The class definition's "more than one" text in a 12 month period mirrors that statutory requirement.

Why it matters

This is one of a series of quiet hours suits filed in 2026 against well known consumer brands. Recent examples include claims against Temu for texts sent after 9:00 p.m. and against Rocket Mortgage for texts sent in the 7:00 a.m. hour.

The pattern is consistent. The plaintiff collects screenshots with timestamps, alleges more than one message in 12 months, and files on behalf of a nationwide class. The facts are simple to allege, and the per message damages add up quickly.

Here, all three texts allegedly arrived within about 50 minutes of the 8:00 a.m. start time. A scheduling setting that uses the wrong time zone, or that launches a campaign just a little early, can be enough.

What this means for you

1. Schedule marketing texts according to the recipient's local time, not your headquarters time.
2. Leave a buffer at both ends of the permitted window.
3. If you do not know a recipient's time zone, apply the most restrictive assumption.
4. Confirm that vendors who send texts on your behalf follow the same rules. The class definition reaches texts sent by anyone acting on the defendant's behalf.
5. Keep send logs with timestamps for every campaign.

Check the clock before you hit send. It is the easiest TCPA claim to avoid.