Imagine paying $19MM for something and then having to potentially do it again a year later.
Ugh.
That’s the problem with these high-dollar TCPA settlements. They never really buy complete peace. And you find yourself on a the perpetual settlement treadmill.
Take QuoteWizard for example.
These guys just got done paying off their $19MM TCPA class action settlement in the Mantha case– huge huge money– and they look to be in trouble again.
A repeat player named Shelly Toledo filed a class action suit against QW in North Carolina yesterday alleging the marketing giant left prerecorded voicemails advertising insurance solutions.
The message was allegedly for advertising purposes and left without her prior express consent.
The Plaintiff seeks to represent a class defined as:
PRERECORDED MESSAGE CLASS: All persons in the United States who, within
four years prior to the filing of this action, (1) Defendant or someone on its behalf, (2)
placed a call using a prerecorded or artificial voice message (3) where the purpose of
the call was to encourage the purchase or rental of, or investment in, Defendant’s
property, goods, or services
So think about this for a minute.
QW just got done paying off $19MM in a settlement then they allegedly make ONE call a few weeks ago and now they are AGAIN facing massive exposure.
And here’s the really messed up part– the Mantha settlement involved TEXT MESSAGES and a DNC claim.
That means the new class DOES NOT OVERLAP and QW could be facing 4 years of damages here!
Holy Toledo!
Now I suspect some members of the Mantha class are in the Toledo class and Mantha class members broadly released claims, so there could be an individualized issue here where the two classes mesh. I suspect the Toledo class definition will be modified to exclude Mantha class members– but we shall see.
Bottom line here is the TCPA is insanely dangerous. Even paying $19MM today won’t save you from massive exposure tomorrow.
Complaint here: QW TCPA Complaint
But at least you can be THANKFUL Troutman Amin, LLP is out there watching your back! Our rates rise January 1, 2026, however, so retain us now and save!
THE FIRST $6K AN HOUR ATTORNEY?: Troutman Amin, LLP Rates Set to Rise January 1, 2026– Get In Now!
Much love and gobble gobble baby!
Discover more from TCPAWorld
Subscribe to get the latest posts sent to your email.
“Bottom line here is the TCPA is insanely dangerous. Even paying $19MM today won’t save you from massive exposure tomorrow.”
While that is potentially true, you should mention if they continue to violate federal law(s) yeah they SHOULD face new suits – and just maybe think about and this is a biggie – STOP breaking the law!! What will it take for QW to figure this out?!?!
What QW subjected this guy and his family, his extended family, his friends, and let’s not overlook his employer – seems pretty extreme – he even refused a $100,000 offer to settle individually!!! Just to successfully keep the CA alive, resulting in the $19 MILLION result – not to mention the 6 years (featuring 399 documents filed)! Wonder just how much ‘Big Law’ charged for all that ?!?!?
Here’s an incredible excerpt from the Mantha case – dude was awarded $100,000 as a service fee (and well deserved) I think is unprecedented (although The Czar can prob tell us for sure).
Straight from the judges mouth…
“The extraordinary history of this case demonstrates why this service award is warranted
for Mr. Mantha.”
“Unlike most absent class members, Mr. Mantha became the target of sustained personal
attacks. In his sworn declaration, he recounts that Defendant accused him of fabricating consent
and threatened sanctions against him and his counsel. He was deposed twice, and his wife —
who had nothing to do with the litigation — was also forced to sit for a deposition. His employer
received a subpoena, causing him anxiety about his professional reputation and job security.”
‘The Defendant even attempted to drag his wife’s brother, who suffers from serious personal
struggles, into the litigation narrative as part of a baseless theory of “consent”.”
“Defendant also attacked his friend, Steven Novia, deposing him and accusing both men
of participating in a supposed “scheme” to bring lawsuits. These efforts not only increased the
litigation burden but publicly impugned Mr. Mantha’s honesty and integrity. Few individuals
would willingly endure such personal and reputational strain in the pursuit of claims and these
tactics created discord within his family and inflicted stress that cannot be measured in dollars.”
“However, the Defendant has provided this Court with a measure by which it can try
because in addition to personal attacks, Mr. Mantha was faced with the temptation of repeated
settlement offers made solely to him. These offers escalated dramatically over time, culminating
in a $100,000 payment proposal. For a husband and father of two young children, that amount
represented a life-changing sum. Yet Mr. Mantha rejected each offer because they provided no
relief for the class and no forward-looking compliance commitments. His steadfast refusal
exemplifies the fiduciary duty Rule 23 requires and underscores why courts provide service
awards.”
The whole order is worth a read…
https://storage.courtlistener.com/recap/gov.uscourts.mad.215474/gov.uscourts.mad.215474.398.0.pdf