Imagine paying $19MM for something and then having to potentially do it again a year later.

Ugh.

That’s the problem with these high-dollar TCPA settlements. They never really buy complete peace. And you find yourself on a the perpetual settlement treadmill.

Take QuoteWizard for example.

These guys just got done paying off their $19MM TCPA class action settlement in the Mantha case– huge huge money– and they look to be in trouble again.

A repeat player named Shelly Toledo filed a class action suit against QW in North Carolina yesterday alleging the marketing giant left prerecorded voicemails advertising insurance solutions.

The message was allegedly for advertising purposes and left without her prior express consent.

The Plaintiff seeks to represent a class defined as:

PRERECORDED MESSAGE CLASS: All persons in the United States who, within
four years prior to the filing of this action, (1) Defendant or someone on its behalf, (2)
placed a call using a prerecorded or artificial voice message (3) where the purpose of
the call was to encourage the purchase or rental of, or investment in, Defendant’s
property, goods, or services

So think about this for a minute.

QW just got done paying off $19MM in a settlement then they allegedly make ONE call a few weeks ago and now they are AGAIN facing massive exposure.

And here’s the really messed up part– the Mantha settlement involved TEXT MESSAGES and a DNC claim.

That means the new class DOES NOT OVERLAP and QW could be facing 4 years of damages here!

Holy Toledo!

Now I suspect some members of the Mantha class are in the Toledo class and Mantha class members broadly released claims, so there could be an individualized issue here where the two classes mesh. I suspect the Toledo class definition will be modified to exclude Mantha class members– but we shall see.

Bottom line here is the TCPA is insanely dangerous. Even paying $19MM today won’t save you from massive exposure tomorrow.