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TCPA Quick Hitter: Ringless Voicemail Platform VoApps Hits back Again at TCPA Suit Involving DirectDrop Product

After a sleepy start to the ringless voicemail TCPA battle the folks over at VoApps have certainly woken up and are now fighting like mad.

As we reported a few weeks back, VoApps founder David King supported a declaration in support of a Defendant’s effort to oppose summary judgment in the big Saunders case—the case that started it all from a ringless voicemail perspective. After the court punted on the critical issue in ruling on the Plaintiff’s summary judgment motion, VoApps fired again by supporting the Defendant’s own summary judgment bid. The Defendant then doubled down and moved to strike the Plaintiff’s expert report from the case. Nice moves.

Now VoApps has opened up an entirely new front in the battle over ringless voicemails—supporting a summary judgment motion in a wholly different suit—this time in Florida. See Gurzi v. Penn Credit Corporation, Case No. 6:19-CV-823-ORL-31EJK, Doc. No. 35. The new motion also prominently features a declaration from VoApp’s inventor–and friend of the Unprecedented podcast– David King and makes the same strong arguments that were advanced recently in Saunders. In case of interest, the motion can be found here: Gurzi v. Penn Credit – MSJ and exhibits here: Gurzi v. Penn Credit – Ex A to MSJ

It remains to be seen what happens in these cases but you can count on TCPAWorld.com to keep you informed as the battle over ringless voicemail shifts into high gear. More to come.

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume IX, Number 339


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...