A Florida resident named Michelle Terrell Lane has filed a class action lawsuit against lead generator Accident, LLC alleging receipt of unwanted robotexts. The texts were allegedly sent as part of a lawyer referral services.

Lane contends she received unwanted texts despite the fact that her phone number has been on the national DNC list since May of 2021. She alleges she did not request the texts and was not in the market for an attorney.

Plaintiff seeks to represent two classes. One for FTSA violations and one for DNC. The class definitions are:

Florida Telephone Solicitation Act Do Not Call Registry Class: All
persons in the U.S., who, (1) received a telephonic sales call regarding
Defendant’s goods and/or services, (2) to a number on Florida’s no
sales solicitation calls list (3) since July 1, 2021.

National Do Not Call Registry Class: All persons in the United
States whose (1) telephone numbers were on the National Do Not Call
Registry for at least 31 days, (2) but who received more than one
telemarketing call from or on behalf of Defendant, (3) within a 12-
month period, (4) at any time in the period that begins four years
before the date of filing this Complaint to trial.

Class action TCPA lawsuits against tort and personal injury law firms–as well as the lead generators that assist them–have been going through the roof lately. As plaintiff side law firms look to obtain leads they often turn to companies that are making calls and texts to engage consumers with potential claims.

Plaintiff’s lawyers suing other Plaintiff’s lawyers. Legal canabilism.

I find it fascinating that some plaintiff’s side law firms have no problem suing other plaintiff-side law firms. But maybe that’s just me.

We’ll continue to keep an eye on these interesting claims.