I remember back when TCPA claimants in class litigation would recover $40-60 following a class action settlement– and that was considered a windfall!
Back in my day, when Troutman agreed to a class settlement it was for $4-6.00 a class member, and those were prerecorded robocall cases!
Well, let’s just say the price of TCPA settlements keep rising despite the efforts of Troutman Amin, LLP and TCPAWorld to help educate defense lawyers. But as companies keep FOOLISHLY hiring #biglaw attorneys–and others–who have no idea how to handle TCPA class litigation the results are endlessly terrible.
I think I’d like to investigate how law firms that DON’T have TCPA expertise keep getting hired to defend TCPA class actions, BTW. Seems like there ought to be some sort of speciality recognized by the ABA. Maybe I’ll look into that.
For now though let’s examine the settlement in Eric Geaslin v. Colony Ridge Development, LLC.
There, defendant agreed to pay a total of $1,994,123.00 to resolve the TCPA DNC claims of individuals who claimed they received telemarketing SMS messages.
Pause.
Yes, there is a huge split as to whether SMS messages are subject to the TCPA rules at all– so why settle?
Pause again.
Yes, some courts have held DNC class actions cannot be certified at all– so why settle?
Pause again again.
If you are going to settle–why settle for a record-breaking amount if you have ANY idea what you’re doing?
So check this out, the class definition is:
All persons throughout the United States (1) to whom Colony Ridge Development,
LLC d/b/a Terrenos Santa Fe delivered, or caused to be delivered, more than one
text message within a 12-month period, promoting Colony Ridge Development,
LLC d/b/a Terrenos Santa Fe’s or its business partners’ goods or services, (2) where
the person’s residential telephone number had been registered with the National Do
Not Call Registry for at least thirty days before Colony Ridge Development, LLC
d/b/a Terrenos Santa Fe delivered, or caused to be delivered, at least two of the text
messages within the 12-month period, (3) whose residential telephone numbers are
included in the Settlement Class Data, (4) between June 27, 2020 and May 7, 2025.
And apparently there were about 10,750 class members at the outset. So the Defendant agreed to pay about $186.00 a class member. Eesh.
But it gets worse.
Only 333 people made valid claims. So these folks are in for a massive cash payday– nearly $3,800.00 each! For checking their mailbox and returning a claim form after receiving a couple of text messages.
The plaintiffs’ lawyers here will receive about $600k– and maybe they earned it given this ridiculous award.
Not sure the defense lawyers earned their fee… but whatever.
Want to make sure you don’t end up VASTLY overpaying in a TCPA class action settlement? Probably retain Troutman Amin, LLP.
Otherwise be sure to educate yourself (and your counsel) by attending Law Conference of Champions IV May 4-6. 2026!
Chat soon.