This is an interesting one.

Home builder Lennar Corporation is facing a new TCPA class action alleging it left prerecorded voicemails offering financing for new homes.

The messages were allegedly left without the consent of the consumer and despite Plaintiff being on the national DNC list.

Plaintiff claims these calls violate state and federal law. She sues on her own behalf and on behalf of a classes defined as:

“TCPA 227(b) Class”
11.1.1.1. Since July 15, 2020, through the date of certification, Plaintiff and
all persons within the United States to whose cellular telephone
number Defendant placed a prerecorded or artificial voice
telemarketing call.
11.1.2. “TCPA 227(c) Class”
11.1.2.1. Since July 15, 2020, through the date of certification, all persons within
the United States to whose telephone number Defendant placed two or more
telemarketing solicitation calls in a 12-month period when the telephone
number to which the telephone calls were made was on the National Do-NotCall Registry at the time of the calls.
11.1.3. Texas § 305.053 Class”
11.1.3.1. Since July 15, 2020, through the date of certification, Plaintiff and
all residents of the State of Texas to whose telephone number
Defendant placed a call in violation of 47 U.S.C. § 227 or regulation
promulgated thereunder.

Really interesting case here.

The state law class is an OBVIOUS failsafe and I expect that to be stricken. The other two classes are overly broad. So will be interesting to see if it gets off the ground.

Regardless I cannot think of another TCPA suit against a home builder–at least not for years. So I will be curious to see where this goes.

Noteworthy that most courts DO treat voicemails as “calls” for TCPA purposes, so the lack of consent here could be a real issue. I am curious is this is a lead gen situation or a Lennar didn’t know the rules situation. (Or maybe its a Plaintiff got it wrong situation.) We’ll see soon enough.