Good afternoon all!

It appears that while the FTSA may have been given a standing eight count, the fight is not over just yet. Charming Wurm (you can’t make names like this up) has just filed a class action complaint against Creative Genius LLC (Charming Wurm Plaintiff v. CREATIVE GENIUS, LLC Defendant, CACE23015326 (2023)) alleging that Creative Genius has used text message sales calls in violation of the FTSA under §501.059(8)(b). In the complaint, Charming Wurm alleges to have called the number that texted and responded with text messages to no avail.

While it is true that the FTSA has been dealt a potential knockout blow recently, the FTSA is still standing with a provision allowing for litigation based on unsolicited calls. There is also a new provision that requires a 15 day notice period before a Suit can be filed regarding text messages. In spite of the 15 day notice, Wurm is attempting to use the Caller ID provision in an effort to circumvent that provision.

This case could ultimately turn on issues of commonality and predominance based on the specific actions Wurm took and pleads as the foundation of the lawsuit. Whether other individuals truly are similarly situated will prove to be an interesting question to be answered during the discovery phase in this case.

The bottom line on this one is, always make sure you have good counsel watching your back! It’s never safe to assume that the law is going to be set in stone.