This one will be fun for folks.

A personal injury law firm in Florida is being sued in a TCPA class action based on calls apparently made by a lead generator hoping to drum up work for the law firm.

The complaint alleges FRIEDLAND & ASSOCIATES, P.A. d/b/a Accident Claims called Plaintiff more than 130 times despite his number being on the DNC list and despite his requests to stop calling.

Fiedland moved to dismiss the suit but in Helmuth v. Friedland 2025 WL 442477 (S.D. Fl. Feb. 10, 2025) the Court denied the motion finding the complaint was properly pleaded.

Diving in a bit, the court found allegations Defendant “encouraged Plaintiff to engage the legal services” of Friedland and provided Plaintiff’s number to Defendant Friedland, which proceeded to call Plaintiff offering its legal services” were enough to show the calls were made at the law firms direction and subject to its control.

Next Friedland argued complaint should be dismissed because it does not identify the phone numbers the calls came from and does not state when the opt-out occurred in relation to the 130 alleged calls. The Court determined, however, that neither allegation was required given the large number of calls at issue– the court essentially inferred that the calls continued after a reasonable time elapsed.

The Court also refused to dismiss the willful damage request determining a jury might decide Friedland’s conduct was knowing or willful.

Indeed the Court refused to even throw out the injunctive relief claim determining that given over 100 calls were made to the guy there was a likelihood of future injury.

My goodness.

A complete loss for a law firm in a TCPA suit.

Can’t say I like to see it. But I don’t hate it either.