A federal court just granted approval to a TCPA class action settlement involving messages sent by GoldCo using the Call Loop text platform.
The Plaintiff claimed Gold Co had sent messages to himself and others on the DNC list after they asked for calls to stop.
GoldCo settled the case for $2MM. The settlement class was defined as:
All persons in the United States who, during the four years prior to the filing of this case (1) received more than one
text message from Defendant during any 12-month period; (2) which was transmitted by Defendant utilizing the Call Loop, Inc.,
texting software; (3) after requesting to not receive text messages from Defendant by responding with a ‘stop’ or ‘unsubscribe’
request; (4) whose number was listed on the National Do-Not-Call Registry when the messages were received; and (5) who
did not re-opt in to receive text messages prior to receipt of the text messages.”
There were apparently 19,280 class members meaning that GoldCo paid $103.73 per class member.
This is better than some recent settlements driven by #biglaw lawyers that don’t understand the TCPA, but it is still rather high.
Recall it is unclear whether the TCPA’s DNC rules even apply to SMS messages– so there’s no incentive to settle these cases at all right now.
Making matters worse, some courts have held DNC cases cannot be certified because of question regarding the residential usage of cell phone numbers by class members.
Plus the TCPA only awards “up to” $500.00 for such violations– not a guaranteed $500.00.
Last a party has a bone fide error defense that could wipe out the entire award, so long as they have a written DNC policy– if you don’t you NEED to get one!!!
Put it all together and you’ll see why Troutman Amin, LLP settles these cases for far less than other defense law firms (although past performance– no matter how consistent and awesome– is not a guarantee of future results.)
If you want all the latest tips and tricks on TCPA compliance be sure to request a copy of the 2026 Troutman Amin, LLP TCPA Annual Review, presented by Contact Center compliance!
Also the case is Summerton v. Goldco Direct, 2026 WL 836962 (W.D. Wisc. March 26, 2026)
Chat soon!
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