Queenie here with a quick reminder that the TCPA remains the single largest cashcow for the Plaintiff’s bar in history. As you’ve heard the Czar say over and over again – there are more multi-million dollar settlements under than TCPA than any other federal statute.
In Boger v. Citrix systems, the District of Maryland preliminarily approved a settlement for $2.75MM to settle alleged violations of the TCPA and Maryland Telephone Consumer Protect Act violations – allocating each class member an anticipated sum ranging from $30-$60 in relief.
Unsurprisingly, this case was brought by one of the top 10 most dangerous TCPAWorld Plaintiff’s attorneys — Anthony Paraonich – the Wolf of TCPAWorld.com.
In Boger, the Plaintiff filed suit in 2019 alleging, she received numerous unsolicited calls from Citrix — a renowned cloud computing and virtualization technology firm based in Florida — representatives marketing their products and services; even when his number was on the National Do Not Call Registry.
The calls continued despite Plaintiff’s multiple attempts to be placed on Citrix’s internal do no call list.
The settlement class is limited to the following DNC issues:
All persons or entities within the United States to whom Defendant or a third party acting on its behalf: (a) made one or more telephone calls to their cellular telephone number; (b) made two or more telephone calls while the call recipient’s number was on the National Do Not Call Registry; and/or (c) made one or more calls after asking Defendant or a third party acting on Defendant’s behalf to stop calling.
According to the preliminary approval papers there are nearly 550,000 class members.
This settlement is another reminder that even after Facebook watering down the TCPA’s ATDS provision, the DNC provisions – remain extremely dangerous – especially when you’re dancing against the wolf.
It is also a reminder to keep an eye out on state telemarketing laws – this case was filed in 2019 but Maryland has recently decided to jump on the bandwagon and proposed its own mini-TCPA. And unlike the TCPA, currently, the MTCPA includes a provision of possible attorney’s fees
Happy Friday TCPAWorld. Stay safe.