The plaintiffs’ bar loves the Telephone Consumer Protection Act (“TCPA”)—which prohibits certain unsolicited phone calls and text messages—because it provides for statutory damages of up to $1,500 per violation and thus is a great vehicle for shakedown class actions against businesses. One recent wave of questionable TCPA class actions asserts that messages sent to confirm receipt of unsubscribe requests violate the TCPA. Although the notion is absurd, some businesses targeted by these lawsuits have agreed to settlements rather than risk defending themselves in the court hand-picked by the plaintiff.
But last week, a federal district court in California finally ruled on a motion to dismiss in one such class action—and granted it.Continue Reading California Federal District Court Dismisses “Gotcha” TCPA Class Action Challenging Responses To “STOP” Text Messages