Interesting one here.

So a small company that apparently pitches gold as an investment to consumers was sued in a TCPA class action.

They didn’t show up in time to defend themselves and a default was entered against it.

In time, however, they got their act together and hired a lawyer who moved to set aside the default.

In assessing whether or not to lift the default the court had to determine whether the defendant had any meritorious defenses worthy of allowing it to proceed in the case.

While the defendant proffered several, one was particularly eye opening.

The Defendant argues that it has “adhered to the TCPA regulations by refraining from sending solicitation messages” and instead “provided courtesy messages to the general public, which contain informative, yet publicly available, communications related to [G]old.” Defendant maintains… the messages contained “information to individuals, enabling them to make better investment choices.” 

Hahahah what?

I have to tell you a call from a gold seller “informing” you that gold is a super awesome investment is DEFINITELY a solicitation in the eyes of most courts, even if the message doesn’t say “buy it from me right now!”

It is the intent of the message that matters and one can easily infer this message was intended to sell gold.

Still the result here isn’t too surprising, courts bend over backward to give people their day in court and that’s all that happened here I suspect.

But one to keep an eye on.

The case is Hoffman v. Reagan Gold 2025 WL 1725139 (W.D. Wash June 20, 2025).