May 15, 2021

Volume XI, Number 135

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THE NEXT WAVE?: New Suit Against Realtor Shows Potential Path of Post-Facebook TCPA Class Actions

As you have seen me emphasize over and over again in the last 10 days, DNC claims and claims related to pre-recorded calls are now the new TCPA risk. Claims related to targeted text platforms are now going to be much rarer following Facebook.

For instance in new suit filed Wednesday in federal court in Minnesota, a Plaintiff sued a realtor for sending unsolicited automated texts. Rather than sue challenging ATDS usage—as would have occurred prior to Facebook—the suit alleges solely claims for DNC violations and for pre-recorded calls. This is true although the Plaintiff alleges receiving multiple template texts to her phone.

Notably the suit is filed solely against an individual realtor and not the brokerage the realtor is a part of. (Unclear to me why that is—perhaps to allow discovery without the broker’s involvement?) And even though the suit targets only a single human being, it is still pleaded as a class action and seeks to recover for every illegal call she made for the last four years.

The suit is here: Schultz complaint

It’s a dangerous (TCPA)world out there folks. Scrub the DNC!!!!

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© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 102
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About this Author

Eric Troutman Class Action Attorney
Of Counsel

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...

213-689-6510
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