We’ve been monitoring the Florida Mini-TCPA filings since the statute passed back in July, 2021 and there have been TONS of them.
Not withstanding the volume, there have been a relatively limited number of plaintiffs’ firms bringing these cases. And some of the biggest name in the sport have stayed on the sidelines, which was a little surprising.
Well it appears that there is widening interest in the pursuit of these cases with Billy Howard (an honorable mention on this year’s power rankings) filing his firm’s first FTSA case last Friday.
In the suit, brought by a consumer who apparently received a call on a Florida phone number–but curiously does not allege his state of residence– Billy’s firm alleges that the Defendant made to calls him to sell solar without his consent.
He seeks to represent the following class:
All persons in Florida who: (1) were called by Defendant for goods and/or services, (2) without his or her prior, express written consent, (3) using the same automated system, (4) after July 1, 2021.
Notice how Billy’s class is suggestive–whereas a proper definition looks to the use of the “same” system across a class, Billy’s definition assumes–argumentatively, needlessly and in failsafe fashion–that the system was “automated” in nature.
This is also one of the few VOICE channel calls we’ve seen animate an FTSA claim. Most of the filings to date have been text message cases.
The full complaint is here: Calta
Billy Howard is one of the most aggressive litigators out there. If he plans to move wholesale into FTSA cases, it could signal a whole new level of fight is about to hit the courtrooms of the Sunshine state.
We’ll keep an eye on this one and continue to monitor the filings that keep pouring in.