So Monday was #LCOC and we talked a lot about wrong number calls leading to TCPA class actions.

In fact, wrong-number TCPA class action master Michael Greenwald was mentioned–and his face was even shown on a slide at LCOC–specifically because of how good his firm is at bringing cases over wrong number robocalls.

Well Duke Energy appears to be the latest potential target of Greenwald and his firm GREENWALD DAVIDSON RADBIL PLLC.

In a new suit filed today in Florida Greenwald’s client Carl Mable contends he received wrong number robocalls from the energy giant apparently intended for an account holder who used to use the number.

Greenwald sues Duke on behalf of Mable and all others in this class:

All persons throughout the United States (1) to whom Duke Energy
Corporation placed, or caused to be placed, a call, (2) directed to a
number assigned to a cellular telephone service, but not assigned to an
Duke Energy Corporation customer or accountholder, (3) in connection
with which Duke Energy Corporation used an artificial or prerecorded
voice, (4) from four years prior to the filing of this case through the date
of class certification.

Greenwald will undoubtedly seek millions in recovery dollars owing to calls made to the wrong number–likely that Duke didn’t even know had changed hands.

Again, wrong number suits are incredibly dangerous. Perhaps even more so now that the FCC’s definition of “called party” is likely out the window with Loper Bright (the Omnibus was probably not a final agency rule entitled to Hobbs Act protection on this piece as there was no formal rule proposed on the called party definition… but we will have to find out what the courts say.)

Regardless, as you heard from the remarkable Beth Sprague at the Law Conference of Champions using the FCC’s Reassigned Numbers Database can help you avoid these lawsuits!!