Huge case out of the Eleventh Circuit yesterday blasting a TCPA settlement to bits and accusing class counsel of self-dealing (ack.)

But its a long decision and I don’t have time to give it the proper treatment just yet.

For now, here is a quick story of lead generation causing trouble anew.

In Ackerman v. Fuego Leads, LLC, 2024 WL 2136281, Case No. 4:23-cv-61 (E.D. Va. May 13, 2024) Defendant Fuego leads argued it was not subject to jurisdiction in Virginia in a TCPA class action. However, the calls at issue were made to a Virginia consumer.

Fuego claimed it did not make the calls but Plaintiff alleged the calls were made by something called Infinix Media, LLC with Fuego’s permission. Fuego denied permitting Infinix to make the calls but at the pleadings stage the Court credited Plaintiff’s allegations that Fuego had authorized Infinix to make calls nationwide without a carve out for VA.

This is the second time in as many weeks a Defendant is stuck in a far off jurisdiction due to calls made by an alleged lead generation call center.

Remember–if you are buying leads there is a good chance you will be subject to suit wheresoever those calls are made to. That’s true even if the lead supplier is a third-party and they agreed to only give you good “100% TCPA compliant leads.” Those representations change nothing–you are still potentially on the hook if they lie.