RVM RESOLUTION: POS Solutions Provider National Retail Solutions (NRS) to Pay $6.5MM to Resolve TCPA Class Action Over Ringless Voicemails

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The ringless voicemail nightmare continues for TCPA defendants.

For years the purveyors of Ringless Voicemail solutions came to market arguing voicemails were not subject to the TCPA. They even had white papers from less known law firms saying as much.

But the truth is ringless voicemails have widely been considered by courts to be calls subject to the TCPA. And companies that use RVMs to reach consumers without consent are in for a rude TCPA awakening.

Let’s take National Retail Solutions (NRS) as an example.

It just agreed to pay over $6.5MM to resolve a TCPA class action alleging it used ringless voicemail technology without the required level of consent.

The class is defined as:

Between January 8, 2020 and Final Approval, all persons in the
United States who received on their cellular telephone a Ringless
Voicemail sent by Defendant using VoiceLogic’s services, or by
VoiceLogic at Defendant’s request on Defendant’s behalf.

Notice consent is not built into the definition, which is probably a smart play by the defense. But the class is limited to just RVM sent by one provider– so that tells you how often they were deploying these messages without consent (there are over 50,000 class members and each will receive over $100.00).

Full settlement agreement available here: https://nrstcpasettlement.com/Content/Documents/Settlement%20Agreement.pdf

The TCPA counsel will likely receive something in the order of $2.2MM when final approval is assessed next month.

I should note Jeremy Glapion is the TCPA plaintiff’a lawyer on this one and we need to start taking note of him. He was the guy behind Griffith v. ContextMedia, 16-cv-2900 (N.D. Ill.) a settlement at an insane $1,295/class member ($2.9m/2239 members). In the end the average payment the class members was $7,500 each– which may be a TCPA record!

Going to invite Glapion onto the podcast to talk about these crazy numbers. Let’s see if he accepts.

Speaking of the podcast, if you haven’t checked out Deserve to Win you should do so right now! Interviews with plaintiff’s lawyers (including Paronich, Perrong, Greenwald, Alvord, Kazerounian, Edelson and a ton of others) and powerful figure from throughout the TCPA world.

Its all available right here, right now! FOR FREE! Enjoy.

Chat soon.

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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.

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