AFTER HOURS: Alleged Midnight Miller Light Golf Attire Text Message Lands Molson Coors in a TCPA Class Action in Texas

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So Coors is apparently releasing a new taller boy that firs three entire beers inside one can ahead of the World Cup.

If this sounds like a bad idea its because it simply has to be.

Also a bad idea? Sending SMS messages to consumers at midnight.

This is allegedly what Coors did to a consumer named Jennifer Martinez in Texas. Combined with an additional 7 am text sent a few months later these messages formed the ingredients for a class action TCPA lawsuit filed in federal court yesterday.

The TCPA suit provides screenshots of the messages Coors allegedly sent–promoting Miller Lite golf attire of all things. Not even sure what to say about that.

While Coors will likely argue it had consent to send the messages the Plaintiff claims she never provided consent to be contacted– so the court will have to sort that one out.

The Plaintiff seeks to represent a class of:

TCPA After Hours Class: All persons in the United States who
from four years prior to the filing of this action through the
date of class certification (1) Defendant, or anyone on
Defendant’s behalf, (2) placed more than one marketing text
message within any 12-month period; (3) where such
marketing text messages were initiated before the hour of 8
a.m. or after 9 p.m. (local time at the called party’s location).

This class is likely overly broad because it includes consented messages and the reg only applies to non-consented solicitations (probably). And that assumes the reg is even still on the books (which is unclear.)

Will be very interesting to see where this one goes.

No matter what though, probably not a good idea to send golf attire messages at midnight.

Also, steer clear of the taller boy guys. Any can long enough to sword fight with is a can looking for trouble.

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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