WATCHED LIKE HAWX: Hawx Services, LLC Stuck in TCPA Class Action Over Unwanted Pest Control Calls and Its A Slow Story

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TCPA class actions can take a long time to resolve– particularly in the Eastern District of California.

For instance in Bell v. Hawx Services, LLC 2026 WL 2389324 (E.D. Cal. Aug. 17, 2026) the case just made it past the pleadings stage over two years after it was filed.

In Bell the defendant argued it was not responsible for the calls at issue but the court disagreed and concluded the allegations Plaintiff received two calls pitching Hawx’ services were adequately plead.

The court also denied the defendant’s motion to strike class allegations find the class was not pleaded as a fail safe (it wasn’t) and was pleaded on an objective basis (it mostly was.)

Then again the class definition was plainly overly broad– pretty much the opposite of a fail safe– but the defendant did not move on that basis (the only proper one) so they lost.

Since these motions were pretty pointless (i.e. mostly meritless) the only real lesson here is that civil litigation can take a long time. Here the case is two years old and the parties haven’t gotten into the meat of the suit yet.

I’d say we’ll keep an eye on this one, but not sure we have that kind of time.

But I’m sure you have the time to watch this AMAZING episode of Deserve to Win– the one where the Dame literally becomes a partner live on the show!

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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