NO CHOICE?: Choice Home Warranty Loses to Dobronski and May Have the Worst Record in TCPAWorld– They Just Keep Losing

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So picked up this new case in which Choice Home Warranty bizarrely sought an interlocutory appeal from the denial of a motion to dismiss.

That’s like asking for a video replay of a routine fly out.

It just doesn’t make sense.

The case is Dobronski v. CHW Group  2025 WL 3068732 (E.D. Mich Nov. 3, 2025) and I was marveling that a guy like Dobronski could vex CHW to the point they would throw away good money on an interlocutory appeal effort that had no chance.

But as I reviewed a few previous TCPAWorld articles on CHW I realized this isn’t a Dobronski thing. CHW is leading the charge when it comes to spending money on TCPA defensive strategies that just don’t work.

I mean look at the track record here.

For instance in Jubb v. CHW, 2025 WL 942961   (D. N.J. March 28, 2025) CHW managed to lose a motion to dismiss with and a court determined it might have to pay TWICE for each phone call at issue.

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!

In Zononi v. CHW Group, 2023 WL 2667941, Case No. 22-cv-14358-Cannon/McCabe (S.D. Fl. March 7, 2023) a magistrate judge in Florida has recommended an FTSA complaint survive the pleadings stage because the Defendant “admitted” it used an autodialer in its privacy policy.

Also in Zononi, CHW lost the issue of whether its messages were marketing or informational.

In Katz v. CHW 2023 WL 6445798 (W.D. Ark. Sept. 29, 2023) the Court ruled against CHWs motion to dismiss and seemed very annoyed with CHW’s arguments, characterizing them as “weak” and “inexplicabl[e].”

It seems like CHW is stuck in a bad model– likely arising out of a win they had back in 2019. 

Sometimes a win can be the worst thing that ever happens to you.

Then again maybe I should be supportive of CHW’s grit and refusal to yield to trolls.

On the fence here. I do like fighters. But I like winners more.

Anyway, Dobronski wins again. CHW loses again. And I suppose this is the TCPAWorld we all deserve.

Separately really enjoying Chicago. This ANA conference has been a ton of fun. Very smart people here. Very impressive.

See everyone Wednesday!

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.

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