RETURN TO NORMALCY: Choice Home Warranty Stuck in TCPA Class Action and it Feels Like Home

Add a comment

With all the sound and fury surrounding one-to-one finally behind us, it is nice to return to normalcy.

You know, TCPA defendants bringing bad arguments and losing and then the Czar eye rolling all over TCPAWorld.

Are you not entertained?

So, here we go. Back to formula.

In Bradshaw v. CHW Group, 2025 WL 306783 (D. NJ Jan 24, 2025) Choice Home Warranty moved to dismiss a complaint leveraging a bunch of weak argument that seemed doomed to failure–and they were!

First, Defendant argued Plaintiff didn’t allege it called her cell phone. But, of course it did. The Complaint alleged a discussion with the Defendant and then receipt of a call from a person who identified herself as working for Defendant. Yeah that’s… pretty clear. Especially at the pleadings stage when a Court has to assume the Plaintiff is telling the truth.

Next, Defendant claims the calls were not prerecorded. But the message sounded robotic, was a general message and–my goodness–the recording started mid-sentence on the voicemail. Yeah, that argument’s a loser. The Court found the allegations of prerecorded voice usage sufficient.

Third, Defendant argued Plaintiff failed to allege the calls were made without consent. Yet Plaintiff alleged he asked Defendant to stop calling repeatedly. So not sure why Choice Home Warranty thought that doesn’t qualify as revoking any consent that was present– indeed, the fact that its lawyers would even make that argument almost concedes their client wasn’t following the DNC rules. Eesh.

Speaking of which, the allegations here were particularly egregious such that the Court inferred the Defendant didn’t even have an internal DNC policy. Ouch.

The Court also issued a perfunctory denial of the motion to strike that came along with the motion to dismiss.

So there you go, a complete and total rejection of Choice Home Warranty’s pleadings motions– and there’s nothing here that was even remotely had a chance as far as I could tell. Not sure what they were thinking. But we move on.

Also, I know most of you have this already– but be sure to request a copy of the Troutman Amin, LLP TCPA Annual Review (2025 Ed), presented by Contact Center Compliance if not!

THE CZAR IS BACK BABY!: Its The Second Day of Czarmas and the TCPA Annual Review (2025 Edition) is Here!!–HORRAY

Chat soon!

 

Discover more from TCPAWorld

Subscribe to get the latest posts sent to your email.

Categories:

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.

Leave a Reply