February 4, 2023

Volume XIII, Number 35

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February 03, 2023

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FLORIDA LAW ENFORCED IN CALI? BCG Attorney Search Sued in FTSA Class Action for Attorney Recruiting Text Messages Brought in California

Well this case is interesting on a couple of levels.

First, the defendant-BCG Attorney search, one of these headhunting recruiter shops that try to move attorneys around for profit. Lawyers are used to the constant barrage of emails and voicemails from these folks–but BCG appears to have launched some sort of text message winback campaign to try to bring folks back into the market from years past:

Plaintiff Zachary Zermay claims he was blasted with similar messages, without his consent. He contends they were sent using an automated system that qualifies as an autodialer under Florida’s expansive (unconstitutional) autodialer definition.

But there is a second piece here–the case is actually being brought in California. This is true although the Plaintiff allegedly lives in Florida and he is suing under Florida law.

Will be really interesting to see what happens here. Will keep an eye on it.

© 2023 Troutman FirmNational Law Review, Volume XII, Number 195
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About this Author

Eric Troutman TCPA Lawyer Troutman Law Firm Orange County, CA
Founder

Eric J Troutman is known as 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. Eric also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric's perspective allows him to...

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