We see a ton of repeat TCPA litigators in TCPAWorld.
Indeed, somewhere between 60-80% of all TCPA filings are brought by individuals who have filed suit at least once before by my estimate.
Still it is pretty unusual to see a TCPA plaintiff go on a barrage and sue three different companies in a TCPA class action in a single week–especially in different verticals.
Meet Ethan Radvansky.
He’s been filing since at least 2023– I didn’t spend time going back deeper than that. And he’s filed against Maelys Cosmetics Ltd., Kendo Holdings, Inc., Embodied Inc., Sourcis, Inc., and Health Tech Academy LLC over the last few years.
For the most part he was using a guy named Steven H. Koval as his counsel, although it looks like at least one of his suits was brought by Avi Kaufman–a real TCPA hitter.
So five cases over the last couple of years makes him a repeat litigator but not that out of the norm.
But this week Ethan has really swung for the fences and filed three new TCPA class actions, one each against: Destination Xl Group, Inc., Comfortwear Collections International Inc.. and 1- 800- Flowers.com Inc. (I’ll be honest, I didn’t know 1800Flowers was still a thing. haha) All three cases were filed in federal court in the N.D. Georgia.
Interestingly, Ethan looks to have changed counsel as these three suits were brought by the Wolf of TCPAWorld– Anthony Paronich. Eesh.
I pulled the complaints and all three are essentially cookie cutter and nearly identical. All three allege unwanted text messages apparently sent to the wrong number in violation of Plaintiff’s DNC rights. All three appear to be texts that were part of a retail text club of some kind, and I suspect the number at issue changed hands (which is why you need to be scrubbing with the Reassigned Numbers Database!)
All three suits seek to represent a class of individuals who received similar texts despite having not provided their numbers to the Defendants (not certifiable for a number of reasons, but that is the pleaded definition.)
Seems to me that all three of these suits ought to be defended by one law firm to save money… just saying. Hint hint.
You can check out the complaints here:
Either way we will keep an eye on this.
Just another reminder to folks in retail or those relying on text clubs there is real risk of texting wrong phone numbers. Critically important that you use the Reassigned Numbers Database!