Crickle Daisy TCPA Class Action Lawsuit, Loungewear Brand Accused of Texting Customers During Illegal Hours

The Crickle Daisy TCPA lawsuit is a class action filed April 28, 2026 in the U.S. District Court for the Central District of California alleging that Allied Property Management LLC, doing business as Crickle Daisy, sent marketing text messages to customers before 8:00 a.m. local time in violation of the Telephone Consumer Protection Act’s Quiet Hours Provision — and that thousands of other consumers across the United States received the same treatment.

Quick Facts

Field	Detail
Defendant	Allied Property Management LLC d/b/a Crickle Daisy
Plaintiff	Nancy Lopez Botto
Case Name	Nancy Lopez Botto v. Allied Property Management LLC d/b/a Crickle Daisy
Case Number	2:26-cv-04492
Court	U.S. District Court, Central District of California
Law Allegedly Violated	Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227(c)(2); 47 C.F.R. § 64.1200(c)(1)
What Happened	Marketing texts allegedly sent before 8:00 a.m. local time
Date of Alleged Violation	On or about December 1, 2025
Lawsuit Filed	April 28, 2026
Statutory Damages	$500–$1,500 per text message violation
Class Sought	Nationwide class — all U.S. consumers who received Crickle Daisy marketing texts outside quiet hours within the last four years
Plaintiff’s Attorney	Jibrael Hindi’s law office
Settlement Status	Active litigation — no settlement reached
Last Updated	May 2, 2026

Current Status

• The lawsuit was filed April 28, 2026. No settlement has been reached. The case is in its earliest stage — no class has been certified yet and no court has made any finding of liability against Crickle Daisy.
• Plaintiff is seeking to certify a nationwide class covering any U.S. consumer who received more than one Crickle Daisy marketing text before 8 a.m. or after 9 p.m. within the last four years.
• The allegations in this complaint have not been proven in court. Crickle Daisy has not yet filed a response.

What Is the Crickle Daisy Lawsuit About? Nancy Lopez Botto v. Allied Property Management LLC d/b/a Crickle Daisy, No. 2:26-cv-04492, C.D. Cal.

Crickle Daisy is a loungewear brand operated by Allied Property Management LLC. Like many e-commerce retailers, it sends marketing text messages to customers. The lawsuit does not dispute that Crickle Daisy had permission to send texts — it disputes when those texts were sent.

The “quiet hours” provision under the TCPA prohibits initiating telephone solicitations before 8:00 a.m. or after 9:00 p.m. local time of the called party. Section 227(c)(2) implements the Quiet Hours Provision, which provides a private right of action for telephone solicitations made either before 8 a.m. or after 9 p.m., in the recipient’s local time.

Plaintiff Nancy Lopez Botto alleges that on or about December 1, 2025, she received at least two marketing text messages from Crickle Daisy outside those permitted hours — with a screenshot in the complaint showing one message received at 6:08 a.m. The complaint seeks to represent every U.S. consumer who received a similar out-of-hours text from Crickle Daisy going back four years.

This case is part of a rapidly growing wave of TCPA quiet hours litigation hitting e-commerce brands across the country. The same law firm — led by attorney Jibrael Hindi — has filed numerous similar cases against other retailers in recent months, making this a pattern worth watching for any business that uses automated text marketing.

Related article: Acadia Healthcare $179 Million Securities Fraud Settlement Receives Final Court Approval By Tennessee Judge, Claim Filing Deadline Passed

Are You Part of the Crickle Daisy Class Action?

No class has been certified yet. But if you received a marketing text from Crickle Daisy at an unusual hour, you may be included if the court certifies the class the plaintiff is seeking.

You may be part of this class if:

• You are a U.S. consumer who received more than one marketing text message from Crickle Daisy within any 12-month period
• At least one of those texts arrived before 8:00 a.m. or after 9:00 p.m. in your local time zone
• The texts were received within the last four years (from April 2022 onward)

You are likely NOT included if:

• You never received a text message from Crickle Daisy
• All marketing texts you received from the brand arrived between 8:00 a.m. and 9:00 p.m. in your local time

Even if you are not a Crickle Daisy customer, you may have a separate TCPA quiet hours claim if any other company texted you a marketing message outside the 8 a.m. to 9 p.m. window. Every qualifying violation carries statutory damages of $500 to $1,500 per message — and you do not need to prove actual harm to collect.

How Much Could Consumers Recover?

Violations may result in statutory damages ranging from $500 to $1,500 per message. The higher $1,500 figure applies when the violation is found to be knowing and willful. Plaintiff Lopez Botto received at least two texts during alleged quiet hours, putting her individual potential recovery at up to $3,000.

The class-wide exposure is what makes this case significant. If the court certifies a nationwide class and even a small number of consumers received one out-of-hours text each, the total liability adds up fast. At the base $500 per message rate, just 50 additional class members with one violation each would push potential liability past $25,000 — and a certified class of thousands could reach millions of dollars.

No settlement figure has been proposed. The case is in active litigation.

What Should You Do If a Company Texted You Before 8 a.m. or After 9 p.m.?

If you received a marketing text message from any company outside the federally permitted hours, you have a private right of action under the TCPA — independent of this Crickle Daisy case. Here is what to do:

Step 1 — Save the text message. Do not delete it. Screenshot it with the timestamp visible.

Step 2 — Note the exact time the message was received and your location at the time. Time zone matters — the quiet hours apply to your local time, not the company’s.

Step 3 — Check whether the text was a marketing or promotional message. The TCPA quiet hours rules apply to telephone solicitations — general transactional texts like order confirmations are treated differently.

Step 4 — Contact a TCPA consumer rights attorney for a free consultation. Many take these cases on contingency, meaning you pay nothing unless you recover.

Step 5 — If you believe you received texts from Crickle Daisy outside quiet hours and want to stay informed about this case, monitor the U.S. District Court Central District of California docket under Case No. 2:26-cv-04492 for updates.

Crickle Daisy Lawsuit Timeline

Milestone	Date
Alleged Quiet Hours Texts Received	On or about December 1, 2025
Lawsuit Filed	April 28, 2026
Court	U.S. District Court, Central District of California
Crickle Daisy Response Due	TBD — not yet filed
Class Certification Motion	TBD — case in earliest stage
Trial or Settlement	TBD — no resolution reached

Frequently Asked Questions

Is there a class action lawsuit against Crickle Daisy?

Yes. Nancy Lopez Botto v. Allied Property Management LLC d/b/a Crickle Daisy, Case No. 2:26-cv-04492, was filed in the U.S. Central District of California on April 28, 2026, alleging marketing texts were sent before 8:00 a.m. in violation of the TCPA’s Quiet Hours Provision. No court has found Crickle Daisy liable.

How do I join the Crickle Daisy class action lawsuit? 

No class has been certified yet. If the court certifies the class, qualifying consumers will be automatically included and notified. You do not need to take any action now to be part of the class — but if you have your own TCPA quiet hours claim, consult a consumer rights lawyer about your individual options.

What are TCPA quiet hours? 

The TCPA prohibits companies from sending marketing calls or texts before 8:00 a.m. or after 9:00 p.m. in the recipient’s local time zone. These are known as quiet hours, and violations carry statutory damages of $500 to $1,500 per message under 47 U.S.C. § 227(c)(2).

How much can I get for a TCPA quiet hours violation? 

Each after-hours message may constitute a separate TCPA violation, potentially resulting in statutory damages ranging from $500 to $1,500 per message. You do not need to prove actual financial harm — the statute provides fixed damages for each qualifying violation.

Does it matter if I gave the company my phone number?

 This is an actively debated legal question. Some courts have held that consumers who voluntarily provided their number cannot bring quiet hours claims. A federal court ruled on this exact issue in King v. Bon Charge on April 30, 2026. If you consented to receive texts from Crickle Daisy, whether that bars your quiet hours claim depends on the specific facts and how courts in the Central District of California rule on the issue.

What is the Telephone Consumer Protection Act? 

The TCPA — Telephone Consumer Protection Act — is a federal law passed in 1991 that restricts telemarketing calls and automated text messages. It gives consumers a private right of action with statutory damages of $500 to $1,500 per violation, making it one of the most actively litigated consumer protection statutes in the United States.

What if I received early-morning or late-night marketing texts from a different company?

 Your rights are the same. The TCPA quiet hours rules apply to any company that sends you marketing texts outside the 8 a.m. to 9 p.m. window in your local time. Each qualifying text is a separate potential claim. Contact a TCPA attorney for a free consultation to understand your options.

Sources & References

• Nancy Lopez Botto v. Allied Property Management LLC d/b/a Crickle Daisy, Case No. 2:26-cv-04492, U.S. District Court, Central District of California, filed April 28, 2026
• National Law Review — NOT SO COZY — Loungewear Company Hit With Class Action Lawsuit For Alleged Violations of The Quiet Hours Provisions, May 1, 2026 (authored by Oliver Shapiro, Troutman Amin LLP)
• 47 U.S.C. § 227(c)(2); 47 C.F.R. § 64.1200(c)(1)

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The claims in this lawsuit are allegations only — no court has made a finding of liability against Crickle Daisy or Allied Property Management LLC. For advice about your specific situation, consult a qualified TCPA attorney.

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against the filed court complaint and official case records. Last Updated: May 2, 2026.