So its election day.
Let’s be real–the only person any of you REALLY want to vote for is the Czar. 🙂
Soon, I promise.
For now, however, I often ponder whether TCPAWorld would enjoy some Czar musings on election day or whether people mostly come here to shut out the noise of the outside world with the dulcet tones of sweet TCPA analysis.
Still not entirely sure what the correct answer is, so today I’ll ride a line.
No “go vote” tropes here. And I won’t wax poetic on our system of government. Or even throw rocks at the political parties, as I so often do.
But I will report on a big new TCPA suit filed against the NRCC today filed by the guys over at LawHQ.
Now backing up–BOTH political parties are obnoxious when it comes to spam calls and texts. Every American can tell you that. And the law is clear that campaign messages sent using automatic technology or prerecorded messages are absolutely illegal without consent. But they keep coming anyway.
So LawHQ is a real up and coming firm on the Plaintiffs’ side of the v. They have developed an app that allows consumers to obtain a lawyer–i.e. them–very quickly to respond to complaints of unwanted robocalls and the like. Plus they have a couple of big recent wins–Chennette was their case– and they are rising to fame very quickly as a result.
So we have a couple of their lawyers on the Deserve to Win podcast this past week–will be up as soon as possible–and they told us they already have thousands of clients but they are looking to have “hundreds of thousands or millions” of clients.
In the meantime, however, they have elected to file suit against NRCC on behalf of Raleigh Sutherland–great name–down in Florida.
Apparently Mr. Sutherland received not less than 765 spam text messages involving something called Winred.com. Now winred is allegedly a platform but its users apparently keep right on firing away even when someone asks to stop–Sutherland claims he replied stop to over 100 messages and kept getting more!
If that’s true, that’s the worst case I’ve seen. And I’ve them all.
Apparently the NRCC uses winred and has been blasting away at Sutherland, despite the limitations of the TCPA and the FTSA.
Sutherland seeks to represent a class of: All persons (1) who are residents of Florida, (2) to whom the NRCC made or knowingly allowed a telephonic sales call, (3) using the same equipment or type of equipment utilized to solicit Raleigh, (4) since July 1, 2021 through the date of class certification
It remains to be seen whether any of these claims have merit, of course. Complaint here: NRCC
Tom Alvord–the guy behind LawHQ–told me on the podcast that he intends to push his class actions all the way and not settle individually. While I detect a bit of posturing there, it will be interesting to see how hard LawHQ will push this new suit.
In other political TCPA news–and just to make sure I’m not accused of any unlikely bias–vicious pro per litigant Jorge Alejandro Rojas has cast his vote as well. He has sued both the California Democratic Party–see here California Dems–and Democratic Senate Candidate Val Demings–see here Demings–-in suits alleging a “blue wave” of unwanted spam texts and calls.
Of course the DNC famously had to pay $60k to a woman in Kansas after failing to defend against her TCPA suit filed earlier this year. So the beat goes on…
The only thing I know–after today, the political calls and texts will stop (and the TCPA filings will go through the roof.)
Chat soon TCPAWorld.