October 25, 2021

Volume XI, Number 298

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October 25, 2021

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Two California-Based Companies Sued Under Florida’s New Mini-TCPA for Texts Sent to Florida Numbers

Well the flood of Florida Mini TCPA suits continues.

Last week two California-based companies found themselves embroiled in mini-TCPA litigation.

First, the folks over at Prospect Home Finance–a mortgage lender based in San Diego, California–found themselves sued over text messages. Apparently the company was texting Florida consumers to advise that rates were dropping and got popped with a class action. Notably, this appears to be the first Mini-TCPA case targeting the mortgage vertical. Complaint is here: Prospect Florida Complaint

Next, the Huntington Beach, California based Streetstrider, Inc.–which makes a weird looking quasi-bike that seems like it’d be fun to play with–was sued for sending MMS messages that included pics of cheery models enjoying the California sunshine on their three-wheeled contraptions. The suit complains that the messages were sent without consent. Complaint is here: Streetstrider Florida Complaint

Notably, both cases involve text messages, which are likely legal under the TCPA but are (probably) not legal under the Florida enactment’s vague and broad autodialer definition. And both cases are putative class actions–meaning that these companies face potentially high-dollar exposure.

The take away here is obvious: it does not matter where you are in this great nation of ours, if you are texting or calling Florida consumers you are at risk.

We’ll keep an eye on this.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 235
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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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