Another day, another difficult TCPA ruling involving an online webform submission.

This time arbitration was denied in a putative TCPA class action arising out of a webform submission on campingworld.com.

In Conrad v. Camping World Holdings, 2025 WL 66689 (N.D. Al. Jan, 9, 2025) the defendant moved to compel arbitration contending Plaintiff had signed up for a recurring text program on its website, supplied his phone number and agreed to arbitration in the process.

Just one little problem– the Plaintiff claims he did not even own the phone number at the time the form was submitted. So–in his view–it would be impossible for him to have filled out the form.

The Court agreed and determined given camping world’s lack of evidence that Conrad himself filled out the form arbitration must be denied. (This also means any consent disclosure on the website would also not apply to Plaintiff!)

Conrad once again highlights the trouble with online web submissions– you never really know who is filling out the form. But the Camping World flow apparently did not collect the name of the submitted party–just relying on a double opt in to assure TCPA compliance. That is a somewhat risky maneuver.

The real risk, however, is in reassigned numbers. The number was subscribed onto the text program in 2022 but plaintiff received the texts after he obtained the number in September, 2023. This suggests to me the number changed hands and the texts went to the wrong number.

The simply way to avoid such issues is just to use the FCC’s reassigned numbers database!

If you are sending text messages on a recurring basis to numbers you obtained more than 90 days ago you simply must be using this database to avoid inevitable TCPA risk when numbers change hands.