CRINGE: GoodVets Veterinary Services LLC Hires #BigLaw– Loses Critical TCPA Argument to a Lady With No Lawyer (When Will It End?)

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Some things will never change.

And those are generally the things you wish would.

Like companies hiring #biglaw firms who have no idea what they’re doing to defend them in TCPA cases and losing to people with no lawyers.

The most dramatic example was Dobronski whipping Selectquote’s #biglaw counsel a while back and creating an entirely new TCPA claim that never existed before. Etched their way into history with that one.

Well in Wolfe v. GoodVets 2026 WL 1862040 (D. Az June 29, 2026) the defendant made the same mistake– hiring a #biglaw firm and got an unsurprisingly terrible result.

Bunch of mistakes here.

First, as the court points out, GoodVets’ counsel cites the wrong standard– implying consent is an element of the claim when it isn’t.

Next, Goodvets’ counsel relied on case law the court found “inapposite” because it dealt with situations where consent was not disputed– but consent was not alleged to have been provided here.

Most fatally, Goodvets’ counsel argued the texts at issue were not solicitations because Plaintiff had provided “permission” by having her dog treated. This is both the wrong argument and the wrong standard. The correct argument is that defendant had an EBR with the Plaintiff– meaning the messages were not solicitations. Easy win.

But Goodvets’ counsel apparently doesn’t know about EBR and focused on “permission”–which again was never alleged. This opened the door for the court to create incredibly bad case law– grafting the Ninth Circuit’s express written consent standard onto a DNC claim (which is error, but given the mess Goodvets’ counsel made of the issues here I don’t blame the court for no knowing which was is up.)

So at bottom Goodvets’ counsel made the wrong arguments and turned what should have been an easy win into a catastrophic loss and one that might shift the standard for dealing with DNC suits in Arizona from now on.

And, again, the Plaintiff didn’t even have an attorney.

Bravo. guys. Bravo.

I wonder if they used GenAI to write their briefs?

Take away here: DO NOT HIRE #BIGLAW TO DEFEND YOU IN TCPA SUITS.

Also, its good to be back– even though I have to come back to stuff like this.

Love you all (even you #biglaw.)

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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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