TCPA Lawsuit Claims Ruggable Sent Unlawful Marketing Texts to Consumer Cell Phones

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A proposed class action lawsuit alleges that Ruggable has sent multiple marketing texts to consumers’ cell phones between the hours of 9 p.m. and 8 a.m., in violation of the Telephone Consumer Protection Act (TCPA).

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The 12-page lawsuit contends that Ruggable, a retailer of uniquely machine-washable and stain-resistant rugs, wrongfully sends consumers text messages promoting its products during hours considered “violative” under the TCPA.

Specifically, the case says that under the TCPA, companies are forbidden from issuing to consumers any marketing messages before 8 a.m. or after 9 p.m. local time. This provision came after consumer outrage and frustration over the intrusive manifestation of marketing messages, seen only in telemarketing phone calls at the law’s inception in 1991 but now considered more broadly for cell phone communications, the suit notes.

“The private right of enforcement of the TCPA is critical to stopping the proliferation of these unwanted telemarketing calls,” the complaint emphasizes.

Ruggable, however, allegedly fails to abide by these restrictions.

The plaintiff, a California resident, claims that Ruggable sent multiple texts between October 2, 2025 and October 12, 2025 during hours prohibited by the TCPA. These texts, the case maintains, were solely for the purpose of advertising and promoting the rugs sold by the retailer.

According to the complaint, Ruggable has access to outbound transmission reports to all telephone communications that promote its goods, including the dates, times, cell numbers and context of each message. In this light, the lawsuit claims, Ruggable knew or should have known that its excessive marketing texts could constitute a violation of the TCPA.

Should a company send messages during violative hours, the TCPA provides that every consumer is entitled to recover a penalty of up to $500 per call during these hours, and up to $1,500 per call if there is reason to believe the company knowingly violated the TCPA, the case adds.

“[Ruggable]’s unlawful conduct resulted in intrusion into the peace and quiet in a realm that is private and personal to Plaintiff and the Class members,” the filing says.

The Ruggable class action lawsuit seeks to represent all individuals in the United States who, from the four years prior to the filing of this action on March 4, 2026 through the date of class certification, received more than one marketing text message from Ruggable within any 12-month period, where such messages were initiated before the hour of 8 a.m. or after 9 p.m. (local time at the called party’s location).

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