Love seeing a little “two birds with one stone” action in TCPAWorld.
In Wilbor v. Gg Homes, Case No.: 21cv226-LL-BGS, 2022 U.S. Dist. LEXIS 52065 (S.D. Cal. March 22, 2022) the Honorable Linda Lopez issued a fantastic opinion affirming both that targeted text messages do not trigger the TCPA’s ATDS provisions and that offers to purchase property are not solicitations under the TCPA’s DNC rules.
At issue was the following text:
Hi Glenn, I’m an investor and contractor in San Diego. Do you have any off-market deals or packet listings that might make a good “fix and flip” project? We’re buying aggressively in 2021 and you can double end or even triple end the deal! – Eric @ GG Homes
The Court found that since the Plaintiff’s name was actually Glenn the text could not have been random-fired but was, instead, curated from a list:
These allegations, upon which Plaintiff relies in his opposition, essentially admit that the device allegedly used by GG Homes does not randomly or sequentially generate phone numbers because it requires numbers to be targeted from a particular source then uploaded from a list.
In the Court’s view these allegations are insufficient because only devices that generate phone numbers randomly or sequentially qualify under Facebook.
Now caution is urged here, of course, because that’s not quite what Facebook actually says–but no need to spoil a good ruling!
Moving on to the second piece of good news, the Court affirmed–as many other courts have found–that offers to purchase a home or other goods or property are not solicitations:
The texts at issue are inquiries as to whether Plaintiff had any “off-market deals or packet listings that might make a good ‘fix and flip’ project” because the sender was “buying aggressively.” These are offers for the purpose of procuring property, not “encouraging the purchase” of property.
So case dismissed!
Nice, clean and elegant.
I will note–as I did with a recent win Navient managed recently–the Plaintiff here did not have an attorney. Which makes it a GREAT case to take to the mat.
Nicely done GG Homes (and you Christine!)