TCPA lawsuit

TCPA Lawsuits Continue to Mount Throughout the Country

Connor v. First Choice Media LLC, et al., 

On April 10, 2023, Mr. Jay Connor, a pro seplaintiff, filed a Telephone Consumer Protection Act (“TCPA”) lawsuit against First Choice Media LLC, et al., in the United States District Court for the District of South Carolina. Pro se plaintiffs are individuals who choose to represent themselves in TCPA lawsuits instead of hiring an attorney. 

The complaint alleges that Plaintiff received “multiple anonymous, unsolicited calls” in violation of both the TCPA and the South Carolina Telephone Privacy Protection Act (“SCTPPA”). Specifically, the complaint alleges that the caller falsely purported to be with the National Do Not Call Registry (“DNC”) and stated that because Plaintiff’s number was listed on the DNC, he must consent “to receive shipments of covid 19 testing kits.” Absent consenting to same, he would continue to receive unwanted telemarketing calls. Although Plaintiff proceeded to provide consent, he, nonetheless, continued to receive calls from Defendants.  

Like many plaintiffs, Connor sued under both the TCPA and a state statute, with the hope of securing the maximum monetary recovery. Under the TCPA, Connor could potentially recover $500 to $1,500 per call and, under the SCTPPA, he could potentially recover between $1,000 to $5,000 per call.

TCPA Lawsuit Damages

This case illustrates two important points. First, that there is a continuing trend of TCPA lawsuits filed by pro se plaintiffs, some of which are serial litigants. 

Second, TCPA lawsuits filed by pro se plaintiffs provide an excellent example of why having experienced TCPA counsel is critical. Oftentimes, as illustrated by Connor, pro se plaintiffs not only name the corporate entity, but individual corporate officers as well. This can be extremely disruptive if you have to face a lawsuit both as a corporation and in an individual capacity. In addition, pro se plaintiffs do not always think and/or litigate in the same way that lawyers do; so having counsel that has defended such actions is necessary to help navigate pro se actions. Seasoned TCPA counsel will be able to quickly identify any relevant defenses and often get the case dismissed or settled for a nominal amount.

The attorneys at Klein Moynihan Turco have years of experience in all aspects of telemarketing law. If you need help in defending a TCPA action or require assistance with updating your telemarketing practices and procedures, please email us at info@kleinmoynihan.com or call us at (212) 246-0900

The material contained herein is provided for informational purposes only and is not legal advice nor is it a substitute for seeking legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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David Klein

David Klein is one of the most recognized attorneys in the technology, Internet marketing, sweepstakes, and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

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