TopGolf Sued in TCPA Class Actions for Early Morning Text Message and I’m Fine With It Because What Even is Golf?

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Golf is a weird thing if you pause to think about it.

The Czar never got into golf and I’m even less into TopGolf– even though I can certainly slam a ball thanks to my natural athleticism and goodateverythingness. (That’s a word.) Humility helps too.

But hitting little white balls hundreds of yards to try to get it into a distant hole  just seems like a thing that grown men should not be wasting their energy on. Just my opinion.

Anyhoo TopGolf was just sued in a TCPA class action because it couldn’t keep its dirty early-morning SMS messages to itself. At least according to allegations brought by a consumer named JEFFREY ADAM ROSE– he sounds like a golfer– in a new TCPA class action suit in the E.D. Cal.

According to the suit Topgolf sent unwanted SMS messages before 8 am pacific– which is a big no no.

The plaintiff seeks to represent a class of all individuals who received similar SMS messages:

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).

Notably the suit is brought by Gerald Lane who was had over 145 OSCs related to failure to prosecute his cases. So we’ll see if he moves this one along or not.

Full complaint here: TopGolf Complaint

And you should see our LIVE break down of the MASSIVE new change to California’s CIPA rules following the passage of SB690. Will be much more fun than watching TGL– I promise you that!

CIPA WEBINAR TODAY!: SB690 Passes Senate– CIPA Pen Register Cases Are Dead– But Here’s What Else You Need to Know Right Now!

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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