As you have seen me emphasize over and over again in the last 10 days, DNC claims and claims related to pre-recorded calls are now the new TCPA risk. Claims related to targeted text platforms are now going to be much rarer following Facebook.
For instance in new suit filed Wednesday in federal court in Minnesota, a Plaintiff sued a real estate agent for sending unsolicited automated texts. Rather than sue challenging ATDS usage—as would have occurred prior to Facebook—the suit alleges solely claims for DNC violations and for pre-recorded calls. This is true although the Plaintiff alleges receiving multiple template texts to her phone.
Notably the suit is filed solely against an individual agent and not the brokerage the agent is a part of. (Unclear to me why that is—perhaps to allow discovery without the broker’s involvement?) And even though the suit targets only a single human being, it is still pleaded as a class action and seeks to recover for every illegal call she made for the last four years.
The suit is here: Schultz complaint
It’s a dangerous (TCPA)world out there folks. Scrub the DNC!!!!