Law Conference of Champions V Ticket Prices as I type: $359.00
Pretty wild to see all these SMS DNC cases pouring in.
Just yesterday I discussed the disastrous $6MM Teleflora class action settlement– $251.00 per class member!–and today we have another seven figure deal, albeit on much better terms.
In Chaviano v. Coast Dental Services, LLC, Case Number 2026-013610-CA-01 (Miami-Dade County, Florida) the parties agreed to settle the claims of the following class:
All persons within the United States who, within the four years prior to the
filing of this action, (1) received more than one text message or telephone call
within any 12-month period, (2) reminding and/or encouraging the scheduling
of an appointment with Defendant, (3) to said person’s cellular telephone
number, (4) after making a request to Defendant to not receive future
solicitations by replying with a “stop” or similar opt-out instruction in
response to Defendant’s text message(s).
Notice that although the claims relate to SMS DNC claims the class members had all asked for texts to STOP before the messages continued. That at least ads an optical problem for the defense– even if it shouldn’t ultimately matter in terms of whether a private right of action exists.
There were 24,308 members of the class– so slightly more than the Teleflora’s class of 23,844– but CDS only agreed to pay $1.4MM in cash and another $2.4MM in toothbrush vouchers (I’m serious.)
A little unclear to me whether a consumer can get both the coupon and the cash or has to select one or the other. If both then the total cash value here is $3.8MM. If only one then the value of the settlement is probably under $2MM.
Either way though CDS is paying much less than Teleflora for claims that are, at least in theory, more dangerous.
Settlement agreement here.
As I said yesterday if you’d like to AVOID overpaying MASSIVELY to resolve TCPA class action suits be sure to retain the lawyers at Troutman Amin, LLP who actually understand the TCPA, the settlement market for these cases and the status of case law that might result in lower spend on resolutions.
And also be sure to attend Law Conference of Champions V next July. We will be giving you the absolute LATEST on TCPA, CEMA, CIPA, ECPA, VPPA, AI regs, and whatever else is HOT in telecom, data and privacy at the time. Ticket prices rise daily!
Chat soon.