QUEER: South Florida’s Largest Gay Club Sued in TCPA Class Action And There’s Something Funny Going On Here

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I love a good double entendre.

So check this out.

Yesterday a TCPA class action was filed against EAGLE WILTON MANORS, INC, which is apparently some big gay club/bar thing down in South Florida. Fine.

The allegations arise out of allegedly unwanted text messages sent to a guy’s phone after he responded “stop.”

Ok.

But here’s where it gets a little odd.

The text message screenshot provided by the Plaintiff in the complaint references a text message regarding a “school drive supply list.” The Plaintiff then responds “stop” yet he then receives a message from Eagle Wilton inviting him to some sort of leather-clad man display, which seems a little offbeat.

Weird right?

So I was curious and I inserted the tiny url supplied in the first text message–don’t try this at home folks–and found out the link lead to a fundraiser for a kid’s boxing league.

Weird right?

Why would a gay club and a kid’s boxing fundraiser be using the same 10DCLC? (Don’t answer that.)

Plus the screenshot the Plaintiff provided does not have a date for the original message or his stop message. Only the messages from the gay club.

I’m going to keep an eye on this one. A queer eye? From a straight guy?

The class here is defined as:

All persons within the United States who, within the four years prior to the filing of this lawsuit through the date of class certification, received two or more text messages within any 12- month period, from or on behalf of Defendant, regarding Defendant’s goods, services, or properties, to said person’s residential cellular telephone number, after communicating to Defendant that they did not wish to receive text messages by replying to the messages with a “stop” or similar opt-out instruction.

Not sure Plaintiff is even in the class since it looks like he told a school fundraiser to stop and not the Manor people. But we will have to wait and find out.

You won’t have to wait much longer to hear from Puja (Queenie!) about leadgen issues heading into 2025. Big webinar just a couple hours away at noon pacific today!

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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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