SPIKE IN NEW TCPA FILINGS SAYS IT ALL: DNC and PreRecorded Voice Claims Are Pouring In

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Audio version here:

 

During the peak of the TCPA lawsuit epidemic I would see 15-20 cases filed a day.

Between AAPC and Facebook that number dropped a ton–some days we’d see zero filings. Most often it was between 2 and 5.

Well guess what folks? We’re back up to 15 filings a day this week.

So buckle up.

I wrote about the “next wave” on Monday, but let me give you another example.

A guy in Florida is suing a solar company for DNC violations. The complaint alleges numerous calls to his phone number–which is on the DNC–without consent. In the old days this would have been an ATDS claim. But since Facebook the claim is simply pleaded as a DNC case.

Moreover the case also adds the always-dangerous internal-DNC class action. Those of you who have read my 2020 Year End Review know that those claims are on the rise. You must have an internal DNC list if you’re making marketing calls. AND written policies. AND  training. Yes, even if you are not using an ATDS. Yes, even if you’re scrubbing the NDNC list. Yes, some courts authorize a private right of action in this context (even though they shouldn’t.)

This is dangerous stuff.

The Complaint is here: Kapinos complaint

Now nation DNC claims are slightly less dangerous than ATDS claims because: i) you have to call twice in a 12 month period to trigger a claim; and ii) the statutory recovery is up to $500.00 per call, not a mandatory $500.00. Plus you always have the argument that the phones were used for business purposes. (No such defenses/limitations exist for pre-recorded marketing calls, however.)

But still, these claims are dangerous and–in case anyone has forgotten–the Fourth Circuit Court of Appeals has deemed them a “model of clarity” that are ready-made for certification. So BE CAREFUL!

Also big news coming later today. So check back in around 4 pm eastern.

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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.

3 Comments

  1. What’s your problem? Simply stop calling numbers on the Do Not Call Registry. The TCPA isn’t rocket science. And do you really think robot calls are not a real nuisance? Individuals don’t pick up calls that they really want to get because of these robot calls. These include calls from health care providers. Robot calls are responsible for causing real harm to individuals that miss calls they needed.

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  2. The usual TCPA Litigators are back and a new serial TCPA litigator. Joe Hunsinger from Texas filed ten pro se cases in April. Let’s see how far he gets with those.

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  3. Pingback: QUICK POST-FACEBOOK UPDATE: Where are all the ATDS Rulings?? – TCPAWorld

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