COMING OUT SWINGING: Perrong, Abante Rootrer, Callier Already On File With New TCPA Suits for the New Year

Happy New Year TCPAWorld!

Well officially I am still napping–the Return of the Czar is set for January 7, 2022–but I noticed a couple of interesting filings today and thought I’d provide a sleepy new year’s blog for you.

A few names YOU know are already at it (again) in 2022. First, the ever dangerous Abante Rooter is out with a big new ATDS FN7 class action. You can read the full complaint here–Abante complaint— but look at these allegations:

Undersigned counsel have studied the code used to program predictive dialers and other similarly-functioning autodialers in the past, with the assistance of software engineers fluent in Java, and have found that such autodialers, when used in automated mode, execute code that relies upon random or sequential number generation to both store and produce numbers to be dialed by the dialer. For instance, a common “parser” used in SMS blasters and predictive dialing coding integrates the following open-source Apache code into an autodialing dialing platform:
730 if (!this.recordList.isEmpty()) {
731 this.recordNumber++;
732 final String comment = sb == null ? null : sb.toString();
733 result=newCSVRecord(this,this.recordList.toArray(Constants.EMPTY_STRING_ARRAY), comment,
734 this.recordNumber, startCharPosition);
735 }
736 return result;
737 }1

These lines of code, and specifically the “++” in line 731, represent an operator token that generates sequential numbers as part of a loop. This loop is used to select which number from the CSV file, will be dialed, and produce that number to the dialer using a CSV parser. Such programs can dial thousands of consumers in mere seconds, without any human intervention whatsoever, based on whatever abandonment rate is targeted by the operator of the dialing platform. The sequential number generator in the code above is executed in the process of mass predictive dialing. The program cannot function, and therefore cannot dial any phone numbers at all, without this sequential number generator.

I’ve been talking about this theory for a while–and here it is on full display. Hopefully everyone has been heeding my advice about reviewing source code!

Mr. Andrew Perrong is also on file with a couple of new TCPA class action complaints. You can view them here (Perrong complaint) and here (Perrong complaint2).

Unlike the Abante Rooter complaint, the Perrong filings–brought by the Wolf of TCPAWorld Anthony Paronich–are focused on prerecorded calls (by far the most dangerous outreach channel post-Facebook.)

Finally Brandon Callier is on file with a trio of new cases Out in the West Texas town of El Paso. Notably Mr. Callier has named the CEO and other officers of the defendants in his TCPA suits, which allege various violations of the TCPA, CFR and Texas-based state claims (which can be very dangerous.)  Another good reminder of the dangerous personal liability concerns present in the TCPAWorld.

For anyone thinking 2022 would bring a downshift in TCPA litigation, early returns are not great. It is discouraging to see so many familiar names already eagerly filing suit.

We’ll keep an eye on this.




1 Comment

  1. Mr. Friedman’s team has used these allegations in a previous complaint. See Ben Knights v. All Web Leads, Inc. Defendant folded very quickly. An autodialer is an ATDS. Facebook never reached the issue.

Leave a Reply