Well the flood of Florida Mini TCPA suits continues.
Last week two California based companies found themselves embroiled in mini-TCPA litigation.
First, the folks over at Prospect Home Finance–a mortgage lender based in San Diego, California–found themselves sued over text messages. Apparently the company was texting Florida consumers to advise that rates were dropping and got popped with a class action. Notably this appears to be the first Mini-TCPA case targeting the mortgage vertical. Complaint is here: Prospect Florida Complaint
Next, the Huntington Beach, California based Streetstrider, Inc.–which makes a weird looking quasi-bike that seems like it’d be fun to play with–was sued for sending MMS messages that included pica of cheery models enjoying the California sunshine on their three-wheeled contraptions. The suit complains that the messages were sent without consent. Complaint is here: Streetstrider Florida Complaint
Notably both cases involve text messages, which are likely legal under the TCPA but are (probably) not legal under the Florida enactment’s vague and broad autodialer definition. And both cases are putative class actions–meaning that these companies face potentially high-dollar exposure.
The take away here is obvious: it does not matter where you are in this great nation of ours, if you are texting or calling Florida consumers you are at risk.
We’ll keep an eye on this.