THE WORST: Scumbag Plaintiff Found Inadequate to Represent Class After Reminiscing About Real Estate Broker Not Wearing Underwear in Deposition

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I get to cover a ton of interesting stories in TCPAWorld, but this one may take the cake.

A federal judge in California refused to certify a TCPA case last month at least in part because the Plaintiff had testified “crudely” about his interaction with a real estate broker.

The case Prisetley Faucett (scumbag) v. Move, Inc. 2025 WL 3719226 (C.D. Cal. Dec. 23, 2025). And despite his name, Faucett is not very “priestly” as you’re about to see.

The suit involved text messages sent by Move.com related to a form he allegedly filled out to talk with an “investor-friendly” real estate agent. While Plaintiff claims he later opted out he admitted he continued to string the real estate agent along because she was hot.

In his own words:

 I just know it was giving [the real estate agent] a BS story to keep her around because she is very hot. They call her the Deals in Heels. And I don’t get talked to by pretty women like that.

He also INSANELY testified as follows:

I don’t remember if it was a foreclosure home. I don’t remember if we looked at property at all. I just remember we met up and she had no underwear on. Because she sat down. That’s the only thing I remember

What the actual hell?

I cannot believe people like this actually exist. But then again, I guess I shouldn’t be terribly surprised that a person who would file a class action lawsuit after apparently filling out a form requesting phone calls would be a lowlife in multiple different ways.

Feel bad for this real estate agent here– who the court did not identify and I won’t either– because this is just appalling.

Based, in part, on this testimony the court found Plaintiff was “inadequate” to represent the class.

But the court denied certification on other critical grounds as well–including that the class definition included over 500 forms and that reviewing each would result in a series of mini-trials meaning that individualized issues predominated.

So nice win for Move.com, but what an insane case of foot-in-mouth disease.

Anyway, chat soon folks.

Also do you have a copy of the 2026 Troutman Amin, LLP TCPA Annual Review, presented by Contact Center Compliance yet?

Its free– just ask for it!

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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.

1 Comment

  1. I was wondering if the Czar was going to blog about this one. Was the guy knocking back a 30-rack of bud lite and smoking something during his depo? Or, is he just filter-less?

    Reply

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