IS THIS THE FUTURE AFTER FACEBOOK?: New Robocall Class Action Seeks $5,000 a Call Under Virginia State Law

2 Comments

As TCPAWorld denizens know well, 2021 is stacking up to be a monster year for the TCPA.

Indeed, in the next 60 days we are expecting a ruling from the United States Supreme Court on the TCPA’s definition of automated telephone dialing systems that may CHANGE EVERYTHING.

Most of us are expecting SCOTUS to adopt a narrow TCPA ATDS definition–meaning that the federal response to robocall will suddenly be limited to claims about pre-recorded calls and DNC violations. But true “autodialed” calls–whatever that means–will no longer be actionable.

Again, that’s if the Supreme Court reads the TCPA’s ATDS definition narrowly (and it will.) 

But just because the federal “robocall” statute might be on the way out that doesn’t mean that callers are free to ramp up their dialers. Indeed, the well-funded and enterprising Plaintiffs’ bar is on the hunt for the next big thing, even as TCPA ATDS cases continue to be viable in many jurisdictions.

No surprise that state law corollaries to the TCPA are attracting big attention at the moment, and perhaps no state has a more interesting (scary?) anti-robocall statute than Virginia.

The Virginia Telephone Privacy Protection Act  (VTPPA) limits marketing calls to numbers on the DNC–much like the TCPA– but purports to create a $5,000.00 per call damage remedy and appears to authorize a private right of action. (The case law here is developing so I don’t want to get out ahead of myself.) And it appears that class action treatment may (may) be available under Rule 23 although such actions are not generally recognized under state law in Virginia.

To wit, a new class action suit was just filed yesterday in the E.D.Va. alleging that Marketpro Homebuyers violated both the TCPA and the VTPPA by sending unsolcited marketing texts. (Notably the texts at issue were actually offers to purchase a home from the call recipient, so it is not at all clear that these messages were actually marketing.)

The complaint seeks to recover an eye-popping $5,000 per call on behalf of certain class members. The complaint can be found here: Cavey complaint

So is VTPPAWorld.com in the works? Well, no (although I’m sure some squatter just picked up the domain to spite me.) Nonetheless, its a brave new world for callers as state-level robocall statutes are receiving more attention than ever.

And as the new Cavey filing demonstrates some of these state laws purport to offer remedies that dwarf the meager $500.00 per call remedies available under the TCPA.

More to come on this. Unfortunately.

Also, Billy Howard’s shop just teamed up with Kazerouni law to file a TCPA class action in California yesterday and its freaking me out a little bit.

And one last note– the Squire Paton Boggs 2020 TCPA Year End Review, presented by Drips, is just about done! This year’s edition is bigger than ever before. Get your pre-orders in for this FREE breakdown of the TCPA year that was in 2020 RIGHT NOW.

Categories:

Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

2 Comments

  1. If the public is no longer harassed (as I have been by: Robocallers — Call Centers so persistent I don’t want to pick up a cellphone (auto warranties by numerous vendors) or I can only imagine how terrible it had to be during the elections to the Annual Enrollment Period for Medicare Advantage. People over 55 deserve a break from this — actually all ages, A senior citizen rarely picks up a cell phone call or any call that doesn’t identify itself. Even after the person has committed to receiving a call from a representative about a certain product through FaceBook.

    Perhaps for those of us who make our living by phone but are not associated with any large organization (we are alone) you might provide the TCPA disclaimers necessary for Cell, SMS, Text, Email, VOIP calls, and anything I missed? As a sole proprietor with my own Website about to go up which will have SEO, Landing pages, collect health information by the consumer (HIPPA language also needed?) — It is confusing. “Getting written consent” is what you said with Justin Thomas. There is no way to run these inquiries through DNC– nor should there be with “written consent” providing authorization for me to contact them.

    I have already referred your organization to 2 larger IMO organizations– over time I am sure my referrals will pay off for you.

    Kind regards,
    Mark Gregoire
    Principal, Life Insurance Broker — Term, Permanent and Final Expense Plans
    Respected Trusted Advisor to Individuals, Families and Family Businesses
    Employer Benefits Srategist for all sizes of Employers for 35+ years
    Direct: (413) 218-8317 — Email: Mark.Gregoire@GroupInsuranceMgt.com

    FYI – https://MarkRGregoire.com
    — is not up yet — soon

    Reply
  2. Pingback: VIRGINA IS FOR LOVERS (of DNC Claims): New Case Confirms $5,000.00 Per Call Private Right of Action Against Marketers – TCPAWorld

Leave a Reply