iHope everyone enjoyed their Memorial Day weekend.
Well, I know at least one guy that has seen better three-day weekends: Gustav Renny a/k/a Gustave Renny a/k/a Gus Renny.
Gus apparently owns a company called Affordable Auto Protection, LLC, which was (allegedly) involved in making calls to a guy named FRANCOIS AUGUSTON–quite the name.
So Francois filed suit against AAP and another company–perhaps an administrator– National Administrative Service Co., LLC alleging receipt of illegal robocalls.
AAP and NAS go off and hire some small shop to defend them. In the meantime Plaintiff proceeds in the case with no lawyer.
After the suit was already filed the Plaintiff decides to name the owner of AAP personally in the suit. As TCPAWorld.com readers know–the TCPA is unlike most areas of law where a Plaintiff must pierce the corporate veil in order to directly sue an officer of a corporate defendant. In TCPAWorld, all one has to do is allege that the officer or director (or employee) personally participated in the challenged conduct to sue them personally.
Terribly unfair. Terrible rule. But, that’s TCPAWorld for you.
In any event, Francois moved the court to allow him to sue Gus personally and on Friday the Court granted it–ruling that Francois can sue Gus personally for the allegedly illegal calls, along with his company.
Like I said, that’ll ruin your weekend.
The point here is pretty clear– NEVER forget that you can be personally sued for TCPA violations folks. It doesn’t matter if you run an LLC or other corporate entity that makes the calls. If you are involved with conduct that violates the statute then you can be sued.
Its why smart companies are moving quick to retain one of these celebrity GCs or outside counsel *ahem* to keep them safe. You always want to push decisions involving new consumer outreach efforts onto attorneys if you can. If your lawyers won’t approve it that’s a pretty good sign you shouldn’t be doing it.
TCPAWorld is too dangerous a place to go solo. I mean, unless you’re some guy named Francois, apparently. He seems to be doing just fine.
Happy Tuesday!
