THAT’S WILD: Missed Argument Costs Res 360 LLC An Easy Win in a TCPA Class Action and THIS is Why You Hire Qualified TCPA Counsel

Imagine being stuck in a TCPA class action that literally should have been dismissed because your counsel didn’t make a simple– but critical–argument and let a win slip away completely.

That is exactly what just happened in Veronica Bramlett v. RES 360, Case No. 1:25-cv-3312-MLB, 2026 WL 613023 (N.D. Ga <arch 4, 2026) and it is so painful to see.

In Bralmett the plaintiff sued for unwanted solicitation text messages offering to buy the plaintiff’s property. The messages were pretty salesly and included phrases such as “the advantages of a straightforward home sale,” that could “make [Plaintiff] a deal and close in as little as two weeks,” could make the process “quick and easy,” and could avoid “the hassle” of a public listing, and could “take the burden off [Plaintiff’s] shoulders.”

Ok.

But again, these were text messages.

And the case was brought in N.D. Ga.

And for those who have been following TCPAWorld coverage you know that SMS messages ARE NOT TELEPHONE CALLS UNDER THE TCPA IN N.D. GA! (Still waiting on that map tho Blake).

So defendant moved to dismiss– but NOT on that ground!

In fact, the defendant’s counsel conceded the issue away:

“It is undisputed that Defendants’ text messages qualify as “telephone calls” under the TCPA, and that Defendants “initiated” those messages and “transmitted” them to Plaintiff. So the only question is whether Defendants sent the messages for a prohibited “purpose.””

NOOOOO….

Why would you do that?

This feels like watching your ice cream fall off the cone onto the sidewalk on a summer’s day.

INSANE.

Instead of raising the absolute winning argument the Defendant instead argued the messages were not solicitations in nature because they did not offer to sell or rent anything to the plaintiff.

The court disagreed.

Plaintiff plausibly alleges they did. That is so because, taking Plaintiff’s allegations as true, (1) whenever Defendants buy a home, they “take care of all aspects of the transaction” and provide “numerous services offered by a real estate agent”; (2) these services include “appraising the fair market value of the property, arranging for title and escrow services, [and] preparing and completing purchase paperwork”; (3) Defendants charge the homeowner a “substantial” fee for these services, which they deduct from the purchase price of the home; (4) Defendants “derive [a] profit” from this fee; (5) Defendants’ approach—bundling the sale of real estate services with the purchase of a home in order to generate profit from the sale of services—is a core part of their business model; (6) in the text messages here, Defendants offered to buy Plaintiff’s home in a “hassle-free” transaction that “t[ook] the burden off [Plaintiff’s] shoulders”; (7) this was plausibly an attempt to do what Defendants always did, namely, buy a house and sell “a suite of services to ease the sale”; and thus (8) Defendants acted with “the purpose of encouraging” Plaintiff to “purchase” their “services,” as required for telephone solicitation under the TCPA…Reading these messages in the light of Defendants’ alleged business model—that is, reading the messages in “context”—it is plausible that Defendants were trying to sell their real estate services when they offered to buy Plaintiff’s home.

Eesh.

So not only did defendant lose a case they should have won they also just made REALLY bad case law for companies that are looking to buy real estate– and there are many such companies.

Take aways here:

1. If you are sued in a TCPA class action hire a lawyer that REALLY KNOWS THE TCPA–otherwise you might end up stuck in a suit you shouldn’t be;
2. If you’ve hired a lawyer other than Troutman Amin, LLP to defend a TCPA suit for some reason be sure to have them read TCPAWorld so they can get educated on all the latest TCPA case law;
3. If you are offering to buy houses be careful about using phrases in cold call messages suggesting you are offering SERVICES related to the sale of a property as opposed to simply offering to buy a property;
4. Be sure to get a FREE copy of the 2026 Troutman Amin, LLP TCPA Annual Review, presented by Contact Center Compliance so you will have all the latest case law broken down and handy.

Also just 9 days left to SAVE on Law Conference of Champions tickets and get an awesome meme coin!

CZAR GOLD IS BACK YA’LL– GET DISCOUNT LCOC TICKETS WHEN YOU BUY THE CZAR’S MEME COIN (Seriously…)

Chat soon.