iAwww the TCPA, the great legal equalizer.
It doesn’t matter if you’re a massive international conglomerate or a tiny small business– no one is immune from the predatory plaintiff’s bar and its ravenous hunger for more high-dollar class settlements.
Last year TCPA class actions soared over 18% even as complaints about “robocalls”–the supposed foundation for TCPA cases–have dropped over 70% in five years. That math doesn’t add up.
What does add up is money–in the pockets of plaintiff’s lawyers. And they’re after a whole lot more of it.
On Friday, for instance, there were twelve new TCPA class actions filed. Twelve. In one day.
Among those facing suit– the NFL, an axe throwing company and a mortgage co.
In Chrum v. Nfl Enterprises, LLC filed in federal court in New York the Plaintiff alleged continued text messages from NFL shortcode 635635 after repeatedly asking for texts to stop. The Plaintiff seeks to recover millions on behalf of a class of “Several thousand” individuals who allegedly received texts after requesting they stop. Complaint here: predocketComplaintFile (1)
In Thompson v. Craft Axe Throwing, the Plaintiff similarly alleges the Axe throwing franchise continued to send promotional text messages after receipt of a stop message. Thompson too seeks to represent a class of individuals who also received texts after asking for those texts to stop under both the TCPA and the South Carolina mini-TCPA statute. Complaint here: predocketComplaintFile (2)
And in Anderson v. Nexa Mortgage Co., the Plaintiff brought suit here in California alleging Nexa employees sent multiple texts advertising lending products without consent. The Plaintiff sues under the TCPA on behalf of a class of all individuals on the DNC list that received similar texts. Complaint here: predocketComplaintFile (3)
Not long ago text messages were the safest channel at the federal level, but failures to honor revocation requests–particularly following the FCC’s new ruling–are leading a huge number of TCPA suits.
