What Do the NFL, An Axe Throwing Venue and a Mortgage Company Have in Common? They Were All Sued in TCPA Class Actions on Friday

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Awww the TCPA, the great legal equalizer.

It doesn’t matter if you’re a massive international conglomerate or a tiny small business– no one is immune from the predatory plaintiff’s bar and its ravenous hunger for more high-dollar class settlements.

Last year TCPA class actions soared over 18% even as complaints about “robocalls”–the supposed foundation for TCPA cases–have dropped over 70% in five years. That math doesn’t add up.

What does add up is money–in the pockets of plaintiff’s lawyers. And they’re after a whole lot more of it.

On Friday, for instance, there were twelve new TCPA class actions filed. Twelve. In one day.

Among those facing suit– the NFL, an axe throwing company and a mortgage co.

In Chrum v. Nfl Enterprises, LLC filed in federal court in New York the Plaintiff alleged continued text messages from NFL shortcode 635635 after repeatedly asking for texts to stop. The Plaintiff seeks to recover millions on behalf of a class of “Several thousand” individuals who allegedly received texts after requesting they stop. Complaint here: predocketComplaintFile (1)

In Thompson v. Craft Axe Throwing, the Plaintiff similarly alleges the Axe throwing franchise continued to send promotional text messages after receipt of a stop message. Thompson too seeks to represent a class of individuals who also received texts after asking for those texts to stop under both the TCPA and the South Carolina mini-TCPA statute. Complaint here: predocketComplaintFile (2)

And in Anderson v. Nexa Mortgage Co., the Plaintiff brought suit here in California alleging Nexa employees sent multiple texts advertising lending products without consent. The Plaintiff sues under the TCPA on behalf of a class of all individuals on the DNC list that received similar texts. Complaint here: predocketComplaintFile (3)

Not long ago text messages were the safest channel at the federal level, but failures to honor revocation requests–particularly following the FCC’s new ruling–are leading a huge number of TCPA suits.

You NEED to be keeping up with this. Be sure to follow TCPAWorld.com for the latest updates, attend the Marketing Law Conference of Champions this July to get the deep dive you need, follow our YouTube channel for tons of FREE AND CRITICAL video engagement, and request a FREE copy of the Troutman Amin, LLP 2024 TCPA Annual Review, presented by Contact Center Compliance. 

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Published by Eric "Czar" 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.

1 Comment

  1. Czar, you are not being fair. You denigrate plaintiffs for protecting their rights, but you tell us over and over what a hero you are for protecting defendants’ rights. In reading your article, 2 of the 3 defendants had a common issue: they continued to send text messages even after having been sent a “STOP” demand. I have noted that, with about 95 percent of the robotexts that I receive, sending “STOP” does nothing; as the robotexts continue. Yet, you would defend a defendant for having done so because “that is their right”? Perhaps you might explain to us what rights, if any, a TCPA plaintiff has? Or, is it your position that the TCPA should be abolished? Congress does not seem to get much done, but Congress was united enough on robocalls and robotexts to enact the TCPA. (Of course, if the TCPA were abolished, you would be out of business.)

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