After a sleepy start to the ringless voicemail TCPA battle the folks over at VoApps have certainly woken up and are now fighting like mad.
As we reported a few weeks back, VoApps founder David King supported a declaration in support of a Defendant’s effort to oppose summary judgment in the big Saunders case—the case that started it all from a ringless voicemail perspective. After the court punted on the critical issue in ruling on the Plaintiff’s summary judgment motion, VoApps fired again by supporting the Defendant’s own summary judgment bid. The Defendant then doubled down and moved to strike the Plaintiff’s expert report from the case. Nice moves.
Now VoApps has opened up an entirely new front in the battle over ringless voicemails—supporting a summary judgment motion in a wholly different suit—this time in Florida. See Gurzi v. Penn Credit Corporation, Case No. 6:19-CV-823-ORL-31EJK, Doc. No. 35. The new motion also prominently features a declaration from VoApp’s inventor–and friend of the Unprecedented podcast– David King and makes the same strong arguments that were advanced recently in Saunders. In case of interest, the motion can be found here: Gurzi v. Penn Credit – MSJ and exhibits here: Gurzi v. Penn Credit – Ex A to MSJ
It remains to be seen what happens in these cases but you can count on TCPAWorld.com to keep you informed as the battle over ringless voicemail shifts into high gear. More to come.