So Thane Charman is a repeat TCPA litigator. Files a bunch of cases. And he’s had some moderate success.
But he’s also had some setbacks.
Here’s one.
In Charman v. Desert Lake Group, 2024 WL 2000640 (S.D .Cal. May 6, 2024) individually-named defendants Ryan Hoggan and Defendant Chris Tirrell Armstrong moved to dismiss his claims against them and won.
Hoggan argued he didn’t live in California–indeed, he apparently lives in Canada–and Plaintiff did not come forward with any evidence that Hoggan was subject to jurisdiction in California. So the Court tossed the claims against him.
As to Armstrong, well Thane didn’t allege he did anything directly in connection with the illegal calls. So he’s out as well.
The Court did allow Charman a second bite at the apple–he is permitted to amend his complaint. We’ll see if he does and what he comes up with.
As a reminder, individual personal liability for TCPA violations is quite common–so BE CAREFUL out there. Not only can your business suffer a massive penalty–so can CEOs, CMOs, call center managers, individual callers, etc.
Watch out…
If you want the latest state of the law on individual liability–and everything else TCPA related–be sure to request a FREE copy of the Troutman Amin 2024 TCPA Annual Review, presented by Contact Center Compliance!
Chat soon.