In the classic graphic novel, the question is posed “Who watches the Watchmen?”
Well, in today’s landscape of run away litigation and multi-millionaire plaintiff’s lawyers, one might rightly ask “Who chases the ambulance chasers?”
We might finally have an answer and, in truth, there’s a bit of irony to the whole thing.
Not long ago I was interviewed by Reuters in connection with a new phenomenon–Plaintiff’s lawyers suing each other under the TCPA. That article was about a massive number of class actions being filed against law firms that were buying Camp Lejeune leads.
These firms just could not fathom how they might be liable for calls made by third-parties, especially when the lead seller had promised to only sell consented leads. And yet, here they were, getting obliterated by Diana Mey and the like.
Queenie and I were REPEATEDLY invited to come to Mass Tort Made Perfect–the big mass tort lead generation convention in Vegas where Paris Hilton apparently rubbed shoulders with attendees–and we declined.
The reason is simple– we will NEVER represent a Plaintiff’s firm. At least not in litigation. Maybe we’d hep them clean up their act. But no interest in defending these guys.
So that’s why I am somewhat tickled to see personal injury law firm Karns & Karns in a suit brought by the Wolf and Perrong (can’t wait to talk to that guy next week.)
In the new suit–brought by famous repeat litigator Kim Starling– Karns & Karns allegedly “controlled” the lead supplier NEXLEVEL DIRECT LLC (who has allegedly been sued repeatedly for these same tactics) and Accident LLC who sent unwanted messages to Starling’s phone.
Starling sues on behalf of two classes of individuals who received similar calls from Defendants:
National Do Not Call Registry Class: All persons in the United States whose (1)
telephone numbers were on the National Do Not Call Registry for at least 31
days, (2) but who received more than one telemarketing call from or on behalf of
NexLevel Direct, Karns & Karns, or Accident, LLC, (3) within a 12-month
period, (4) at any time in the period that begins four years before the date of filing
this Complaint to trial.
Texas Business and Commerce Code Class: All persons in the State of Texas
who (1) received a telephone solicitation call from or on behalf of NexLevel
Direct, Karns & Karns, or Accident, LLC, (2) at any time during which NexLevel
Direct, Karns & Karns, or Accident, LLC were not registered as telephone
solicitors with the Texas Secretary of State, (3) at any time in the period that
begins four years before the date of filing this Complaint to trial.
These class definitions are an absolute mess. But since I don’t want to help anybody I’ll just stay quiet about that. 🙂
So I’d never actually root for the Wolf or Perrong, but in this one I am certainly a bit bemused and find myself strangely aligned with them. If the TCPA class action lawyers take a bite out of unsolicited calls by personal injury law firms maybe they can earn back some credibility with regular Americans who are tired of all the abusive litigation out there…
but probably not.
We’ll keep an eye on this.
For the curious you can read the whole complaint here:
And hope to see you all next month at the Summit!