Awesome little case for you today.
As we all know there are these online forums where trolls get together and plot out ways to to small (and large) businesses in TCPA suits.
Sometimes these forums share completely legitimate tips. Sometimes they encourage and empower fraudulent litigation and sham filings.
Allstate believes two of the class representatives suing it in major litigation in Illinois may be of the second variety and this is so very fascinating.
Apparently class reps Robert Hossfeld and Wes Newman “routinely participate[]” in an online members-only forum, http://www.robocalls.cash/members-forum (the “Forum”) that a company called Brainstorm maintains and operates.
So Allstate slapped them with a subpoena seeking records regarding Newman’s and Hossfeld’s involvement in the Forum, including their posts, replies, and reposts!!!
How awesome is that?
So Brainstorm opposed the subpoena and refused to respond and Allstate moved to compel.
Well in Hossfeld v. Newman, 2025 WL 2323918 (E.D. Tex. Aug 12, 2025) the court GRANTED the motion–meaning Allstate will soon have access to records produced by Brainstorm about all the nasty little things Hossfeld and Newman may be saying!
Interestingly the Court granted the motion in favor of an “unclean hands” defense that may or may not even exist under the TCPA– haha– but certainly the records are relevant on the issue of standing regardless.
Anyway motion granted and Brainstorm must produce all of the records of what these TCPA plaintiffs said to each other and others on the forum!
This is just an awesome ruling and one that will hopefully remind all the litigator tolls out there that they can’t hide fraud and extortionist behavior and schemes behind paywall chat forums. There is nowhere you can hide. And if you engage in this behavior we WILL find you.
A real shot across the bow for the bad guys here. Will keep a very close eye on this one!
Unrelated, tomorrow Troutman Amin, LLP will be breaking down the MASSIVE FTC consent orders entered into by Assurance IQ and Media Alpha for a stunning $145MM in penalties plus grievous non-monetary terms. You MUST attend this if you are in the lead generation space or have any concerns about the FTC in your marketing game.
Chat soon.