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When studying at the College of William & Mary, David Carter was part of the security detail for both Margaret Thatcher and Henry Kissinger. One of them—he won’t say who—was kind, gracious, and generous with their compliments.
That early brush with power and protocol set the tone for a career defined by navigating high-stakes environments. David isn’t your average regulatory lawyer. Today, he’s the head of litigation and regulatory policy at Postscript and the president and CEO of the E-commerce Innovation Alliance. But long before that, he was a young law associate who found himself pulled into telecom litigation—and hated it.
Instead of walking away, he leaned in. He dove into the history and complexity of FCC policy, learning how to operate—and influence—at the intersection of law, technology, and innovation. Over time, he became a go-to expert for helping brands interpret the shifting regulatory landscape around mobile messaging and e-commerce compliance.
These days, David is deep in the work: helping e-commerce companies defend against TCPA lawsuits, shaping smarter compliance tools inside Postscript, and pushing the FCC to update outdated rules. He also weighs in on trade and tariff policy—advocating for reforms that protect consumers and small businesses alike.
What
David Carter and the E-commerce Innovation Alliance recently filed a petition with the FCC asking for clarity around a long-standing TCPA rule: “quiet hours”—the federally mandated blackout period that prohibits marketing calls and texts before 8AM and after 9PM.
Here’s the problem: the rule was written when people still had landlines. Back then, an area code told you exactly where someone lived. Today? Not so much. You can live in New York, have a 310 number, and receive a text at 6AM local time—but that brand only sees the California area code and assumes it’s 9AM. There’s no way for businesses to know a recipient’s current location.
David’s petition asks the FCC to do two things:
- Confirm that prior express consent overrides quiet hour claims—if a consumer opts in, they shouldn’t be able to sue just because of timing.
- Provide clear, modern guidance on how to apply quiet hours in a mobile world where geography is fluid—and privacy laws make geolocation off-limits.
The big ask? Create a safe harbor for businesses that rely on area code as a good-faith proxy for time zones. It’s not perfect, but it’s better than letting companies get sued over something they literally can’t verify.
So What
This matters because:
- Hundreds of legitimate brands have been targeted in a wave of copy-paste TCPA lawsuits, often by the same law firms, seeking quick settlements.
- The FCC doesn’t have to act on petitions—many sit ignored for years. The fact that this one was fast-tracked for public comment is a big deal.
- Businesses are being penalized for following the rules as best they can, while actual bad actors (like spammers and phishers) fly under the radar. This petition gives responsible players a legal shield to push back.
- And here’s the kicker: There’s no cap on TCPA damages. You could get hit with $500 to $1,500 per message, per person. Add in overlapping state laws—some with penalties up to $5,000—and the liability gets absurd fast.
David’s point is simple: You shouldn’t be punished for failing to do the impossible. And right now, it’s impossible to know where every mobile user actually is in real time.
Now What
Here’s how you can get involved:
- Comment on the FCC docket – If you’re a brand, platform, or industry player affected by TCPA quiet hours, your voice matters. The FCC is accepting comments by April 10 2025.
- Use the petition in litigation – If you’re a brand currently being sued over quiet hours, cite the active FCC proceeding. Courts often stay cases while the FCC works through an open petition.
Spread the word – Protect the right to communicate responsibly and stopping abusive lawsuits that exploit regulatory gray zones.
