Lennar Corporation Hit With New TCPA Class Action Over Alleged Financing Robocalls

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So Law Conference of Champions was yesterday and everyone is still buzzing about it.

Pictures and a breakdown are coming soon. Don’t worry. There’s a lot to report on.

But still need to get back to my Czarly duties of keeping folks informed on TCPA whatnots in the meantime.

This is an interesting one.

Home builder Lennar Corporation is facing a new TCPA class action alleging it left prerecorded voicemails offering financing for new homes.

The messages were allegedly left without the consent of the consumer and despite Plaintiff being on the national DNC list.

Plaintiff claims these calls violate state and federal law. She sues on her own behalf and on behalf of a classes defined as:

“TCPA 227(b) Class”
11.1.1.1. Since July 15, 2020, through the date of certification, Plaintiff and
all persons within the United States to whose cellular telephone
number Defendant placed a prerecorded or artificial voice
telemarketing call.
11.1.2. “TCPA 227(c) Class”
11.1.2.1. Since July 15, 2020, through the date of certification, all persons within
the United States to whose telephone number Defendant placed two or more
telemarketing solicitation calls in a 12-month period when the telephone
number to which the telephone calls were made was on the National Do-NotCall Registry at the time of the calls.
11.1.3. Texas § 305.053 Class”
11.1.3.1. Since July 15, 2020, through the date of certification, Plaintiff and
all residents of the State of Texas to whose telephone number
Defendant placed a call in violation of 47 U.S.C. § 227 or regulation
promulgated thereunder.

Really interesting case here.

The state law class is an OBVIOUS failsafe and I expect that to be stricken. The other two classes are overly broad. So will be interesting to see if it gets off the ground.

Regardless I cannot think of another TCPA suit against a home builder–at least not for years. So I will be curious to see where this goes.

Noteworthy that most courts DO treat voicemails as “calls” for TCPA purposes, so the lack of consent here could be a real issue. I am curious is this is a lead gen situation or a Lennar didn’t know the rules situation. (Or maybe its a Plaintiff got it wrong situation.) We’ll see soon enough.

I know many of you just received a copy of this yesterday but for those that don’t have it, be sure to request a FREE copy of the Troutman Amin, LLP 2024 TCPA Annual Review, presented by Contact Center Compliance so you can stay ahead of developments like these!

SEVENTH DAY OF CZARMAS!: IT’S HERE IT’S HERE IT’S FINALLY HERE!!!!–2024 Troutman Amin, LLP TCPA Review, presented by Contact Center Compliance is AVAILABLE NOW (FREE!)

Full compplaint here: Lennar Complaint

Chat soon.

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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.

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