“AGGRAVATION:” AT&T Sued Over Unwanted Solicitation Calls in TCPA Class Action

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AT&T just got sued in a TCPA class action down in Florida and it is a pretty well crafted complaint.

Indeed you don’t see too many 101 paragraph TCPA complaints with thoughtful allegations. So this one feels like it may have legs.

In the suit two consumers– ELSA KEIDAN and GARRICK S. KEIDAN–allege they received cold call solicitations from AT&T or its agents and that the calls continued even after they requested the calls stop.

The complaint alleges the calls were sent automatically because no human would have kept calling in light of the request to stop calling.

The complaint seeks to represent members of four separate classes- – two TCPA classes and two classes under the state law FTSA.

Unclear how many people are in the class but with damages at up to $1,500.00 per call to class members this could be a huge headache for AT&T. We’ll see.

Plaintiff’s lawyers are experienced although not on the Czar’s top ten power ranking list. But maybe they’ll find themselves on it if they hit AT&T for a big win:

/s/ Seth M. Lehrman
Seth M. Lehrman, Esq.
Florida Bar No. 132896
E-mail: seth@lehrmanlaw.com
LEHRMAN LAW
622 Banyan Trail, Suite 200
Boca Raton, FL 33431
Telephone: 754-778-9660
Joshua H. Eggnatz, Esq.
Florida Bar. No.: 0067926
E-mail: JEggnatz@JusticeEarned.com
SGizzie@JusticeEarned.com
EGGNATZ | PASCUCCI
7450 Griffin Road, Suite 230
Davie, FL 33314
Telephone: 954-889-3359
Facsimile: 954-889-5913

Full complaint here: AT&T 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.

2 Comments

  1. Good stuff!

    I got all excited from paragraphs 20-26 as they seemingly laid a solid foundation to include 227b ATDS claims…even suggesting they had at least some prerecorded content.

    Imagine my disillusionment to find they did not do so, opting for 227c & FSTA claims only!?!?!?

    Heck they even included door-to-door solicitations (albeit not as actionable claims) time to amend the TCPA – LOL

    Reply

  2. ATT reps and their home soliciting is VERY BAD. They ignore all signage, no trespassing, no soliciting, do not disturb, even Go Away mat. Its downright harassment. I dont go showing up at their doors beating so hard windows shake! Its outrageous behavior !

    Reply

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