TRENDING: TCPA Class Action Against Steve Madden Shows Clear Trend of SMS Club Suits Against Retailers

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A couple weeks back I did an incredibly important webinar focused on TCPA SMS rules for enterprise noting an uptick of such suits against retailers:

WEBINAR OF THE YEAR?: The Czar’s INCREDIBLE 2025 Enterprise SMS Update is Now On YouTube And It May Be his Best Yet

Well the uptick has become a deluge and there is a very clear trend in new TCPA class actions right now. The Plaintiff’s bar–particularly our “friends” at Jibrael S. Hindi’s shop–are focused on text club messaging engagement outside of the TCPA’s timing windows.

For instance in a new suit against footwear company Steve Madden, Hindi’s client VALERIA TORRES claims she received text messages before 8 am:

As a result the Plaintiff is suing on behalf of the following class:

All persons in the United States who from four years prior to
the filing of this action through the date of class certification
(1) Defendant, or anyone on Defendant’s behalf, (2) placed
more than one marketing text message within any 12-month
period; (3) where such marketing text messages were
initiated before the hour of 8 a.m. or after 9 p.m. (local time
at the called party’s location).

As I have pointed out previously it is unclear whether the TCPA’s timing restrictions apply to calls and texts made with express written consent– but Hindi’s shop is apparently committed to finding out.

Will be interesting to see how this shakes out.

You can read the full complaint here: Madden Class Action

And for any retailers that want to make the shift from #biglaw to the proven expertise of Troutman Amin, LLP– you have your chance right now. For one month only we will match the hourly rates of almost any big law firm. Big savings. Some restrictions do apply. 😉  Read all about it:

MARCH MATCH MADNESS: This Month Only Troutman Amin, LLP Will Match the Rates For Most Any #BigLaw Firm When You Transfer a TCPA Class Action Defense!

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.

2 Comments

  1. Pingback: TRENDING: TCPA Class Action Against Steve Madden Shows Clear Trend of SMS Club Suits Against Retailers - Villavicencio

  2. It just struck me. Is this the same Steve Madden that was a substantive player in the true-story bioplay movie The Wolf of Wall Street?

    Reply

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