What a Robo text TCPA Case looks like
Here’s an example of a typical TCPA case (fictional story, for illustrative purposes only).
Mary receives a spam text message from Big Bank LLC. It says that she has been specially selected to receive a better rate on her life insurance.
Thinking nothing of it, Mary deletes the message and continues her day.
The next day, she receives another message: “Seriously, this great life insurance deal will not last.” This time, Mary is understandably annoyed but decides to ignore it.
Over the next few days, Mary receives another, and yet another, message.
THAT does it!
(Being the smart cookie she is) Mary saves the messages and sends the bank an email stating not to contact her anymore. Mary feels happy, knowing the annoyance is behind her.
But, six months later…
They’re still sending her messages!
Now Mary has received almost 20 messages and is sick of it.
She calls her lawyer Jordan, at ZPLLP, about it.
Big Bank LLC. has been sending similar messages to lots of people.
In fact, Jordan has put together a file of over 10,000 automated text messages Big Bank LLC has been sending to people throughout the State!
He explains to Mary that Big Bank LLC is liable for between $500 and $1,500 per unwanted automated text message they sent her.
A quick calculation shows that Mary could receive a decent reimbursement for the disturbance the messages have caused her over the past months.
Feeling fed up with the Bank’s messages and happy at the concept of being reimbursed for the annoyance, Mary goes for it.
With Mary’s help, Jorden’s files a class action suit against Big Bank LLC.
Big Bank LLC knows they are about to enter a very lengthy and expensive trial (that will also affect their public image).
So, they quickly agree to pay a TCPA settlement to Mary and the others in Jordan’s class action case.
(a pre-trial agreement happens in roughly 95% of all pending lawsuits) 2
A few months later…
Jordan has negotiated the terms of the settlement with Big Bank LLC and the courts, and Mary receives a generous check in the mail.
She never received another annoying text message from the bank again.
That’s basically how most TCPA class action cases work.
How much do TCPA cases cost American business? You may be surprised. During 2016: American TCPA cases awarded consumers over a Billion dollars in damages.
Just 10 of the biggest TCPA settlements between September 2016 and October 2017 resulted in over 354 Million dollars in fines.