Can Walmart Legally Text You at 6 A.M.?

Dr. Stanislav Mamonov, Associate Professor for the Information Management and Business Analytics department, was quoted in an NJ.com column, “Walmart texted me at 6:09 a.m.on a Saturday. Can it do that?”

The article explores the user experience regarding text notifications from Walmart for online order deliveries, and raises concerns about the timing of these messages. Are early morning messages covered by the Telephone Consumer Protection Act? Mamonov outlines the differences in TCPA restrictions for commercial messages, those with the intent to make a sale, and transactional messages. The TCPA requires all commercial messages to be sent between 8 a.m. and 9 p.m. However, this does not apply to transactional messages like delivery notifications, allowing Walmart to send texts as early as 6 a.m. 

Mamonov highlights broader issues with the TCPA, suggesting that updates may be needed to reflect modern communication practices. He offers suggestions for customers wanting to stay informed on all of their order information without being interrupted at inopportune times, such as turning off notifications from the retailer. He also recommends that consumers review their user agreements, as receiving text messages generally requires approval.