TCPA QUICK HITTER: The Actual “Wolf of Wall Street” Is Still Stuck in that TCPA Case in Florida And Things Just Got Worse

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So the Wolf of Wall Street– Jordan Belfort–looks to be in pretty big trouble in a TCPA class action down in Florida.

Wouldn’t it be funny if the guy survived all of his Wall Street antics only to be taken down by the TCPA?

Seems possible.

Belfort allegedly–through his company Global Motivation, Inc.– blasted some folks with text messages without consent.

The case was assigned to the Hon. Judge Cannon–famously presiding over the Trump took-documents-and-didn’t-give-them-back case (never understood what he was thinking there)–who promptly dismissed the case for lack of standing.

Well the Eleventh Circuit Court of Appeals just reversed her–umm, not the first time–but found that the errant ruling wasn’t her fault:

We do not fault the district court’s reliance on Salcedo and Drazen I when it dismissed the case in December 2022. Nevertheless, we review standing issues de novo, Muransky v. Godiva Chocolatier, Inc., 979 F.3d 917, 923 (11th Cir. 2020)  (en banc), and with the benefit of Drazen II, we conclude Muccio has standing to bring his claims

Yep, this is fall out from that huge Drazen decision from a couple of weeks back (which we discuss in Episode 15 of Deserve to Win!)

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So the case is live again.

Fascinating stuff. We will keep an eye on this.

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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