/>iHey, TCPAWorld!
In the newest episode of the Brandon Callier saga, a new class action complaint was filed by Mr. Callier in the Western District of Texas!
To refresh your memory, check out our three most recent blog posts on this professional plaintiff—suing under the TCPA seems to be lucrative for him. See CALLIER LIVES TO FIGHT ANOTHER DAY: Court Dismisses White Road’s Res Judicata Argument – TCPAWorld; FROM BAD TO WORSE: Court Ups Default Judgment In Favor of Brandon Callier to $132,500.00. – TCPAWorld; CALLIER SKATES: Repeat Litigator Bailed Out on Discovery Responses By Defendant’s Blown Deadline – TCPAWorld.
This time, Callier is suing CNU of Texas, LLC, which does business as CashNetUSA (“CashNet”). See generally Class Action Compl., Callier v. CNU of Tex., LLC, No. 3:24-cv-391 (W.D. Tex. Oct. 22, 2024), ECF No. 1. This Complaint references a previous lawsuit against Enova International, Inc. Callier filed in August of 2023 under the TCPA. Callier alleges that CashNet is a subsidiary of Enova that was therefore on notice of Callier’s listing on the DNCR and his lack of consent to be called.
Despite this, Callier claims to have received 47 total solicitation text messages encouraging him to obtain a loan from CashNet, each of which contained an embedded link to apply for a loan. Interestingly, Callier claims that each of the text messages came from “Simpleverify,” “Checkgo,” and “Automatic Policy” and contained a link to a website with the same business address in Las Vegas.
On March 15, 2024, Callier allegedly clicked the link to the website http://app.simplequotes.co in a text message and filled out the loan application. Callier claims to have used a computer-generated number to ascertain the sender of the messages without submitting his personal phone number. When he submitted the form, Callier was allegedly directed to a CashNet’s website, http://apply.cashnetusa.com, which stated, “Thank you for visiting from one of our lending partners,” and confirmed that CashNet was the parent company.
Callier claims to have repeated this process of clicking the link, filling out an application, and checking the sender of two other websites, http://logins.checkgo.org and chat.simpleverify.org, only to be redirected to CashNet’s website. He also claims to have taken a video recording and screenshots of the loan application process.
In response to these applications, Callier allegedly received two emails—from noreply@cashnetusa.com and no-reply@netcredit.com—one of which encouraged him to take “a few more steps to get cash in [his] bank account” and another denying his application. Compl. ¶¶ 32, 36.
He provides for two classes, defined as follows:
TCPA Class. All persons in the United States who: (1) from the last 4 years to present (2) Defendant texted (3) whose telephone numbers were registered on the Federal Do Not Call registry for more than 30 days at the time.
Texas Subclass. All persons in Texas who: (1) from the last 4 years to present (2) Defendant texted (3) whose telephone numbers were registered on the Federal Do Not Call registry for more than 30 days at the time.
Based on these facts, Callier claims that CashNet violated the ATDS provision, 47 U.S.C. § 227(b)(1)(A)(iii), the DNCR provisions, 47 U.S.C. § 227(c) and 47 C.F.R. § 64.1200(c), and Texas’s version of the TCPA, Tex. Bus. & Com. Code. § 305.053.
Stay tuned for more updates on the Callier Chronicles.
