Everyone knows that if you hire #BigLaw you can expect a #BigLoss in TCPA litigation.
But imagine paying $18.8MM to settle a claim that does not exist?
That’s what O’Reilly Auto Parts and its #biglaw counsel appears to have just done in a TCPA suit in Illinois and this is almost certainly the worst TCPA settlement of all time.
As TCPAWorld followers know SMS TCPA cases are dead in the 7th Circuit Court of Appeals footprint. This follows a recent ruling by the court in Seth Steidinger, et al. v. Blackstone Medical Services that SMS messages are not included within the word “telephone call”– so no private action exists for such claims.
Yet in Bryan v. 0 ‘Reilly Automotive, Inc. (Case No. 2026CH000016)–a case brought in Illinois (within the Seventh Circuit footprint!) O’Reilly agreed to pay $18.8MM to settle claims related to SMS messages to numbers on the DNC list!
This claim was filed on or about May 28, 2026– seven says after the oral argument in Steindinger, which everyone said looked good for the defense– and the agreement was signed in June (meaning the case was only active about two weeks before it was resolved.) Sure this was a few weeks before the Steidinger ruling came out but there was ZERO reason to rush this agreement through with the Sword of Damocles hanging over the head of class member claims here.
Apparently O’Reilly and its counsel simply was not paying attention to the appellate issues around SMS messaging– and the Wolf (Anthony Paronich) stole their lunch money as a result.
There are approximately 525,000 class members here, which means each class member can receive up to about $35.00 if they all make claims– but assuming a 5 percent claims rate these folks may be making around $500.00 each. Not bad for a claim that does not exist.
The Wolf, for his cleverness, is set to receive up to $6,280,859.00!!! Insane.
I’ve said it before, I’ll say it again– if you hire #biglaw in a TCPA suit you are simply asking to get hammered. But $18.8MM on a claim that doesn’t exist is simply too much to handle.
Also be sure to check out Episode 48 of the Deserve to Win Podcast–you know the Wolf is watching! Anura’s Rich Kahn explains why up to 40% of leads are actually fraudulent (unless they come from R.E.A.C.H. members)!
Chat soon.