Well the flood of Florida Mini TCPA satisfies carries on.
Previous week two California-based companies observed on their own embroiled in mini-TCPA litigation.
First, the folks above at Prospect Home Finance–a mortgage financial institution centered in San Diego, California–found on their own sued around text messages. Apparently the company was texting Florida shoppers to suggest that costs have been dropping and got popped with a class motion. Notably, this seems to be the first Mini-TCPA situation concentrating on the house loan vertical. Complaint is right here: Prospect Florida Complaint
Future, the Huntington Seaside, California dependent Streetstrider, Inc.–which helps make a strange looking quasi-bike that seems like it’d be enjoyable to engage in with–was sued for sending MMS messages that involved pics of cheery versions savoring the California sunshine on their 3-wheeled contraptions. The fit complains that the messages ended up sent devoid of consent. Grievance is listed here: Streetstrider Florida Criticism
Notably, both equally scenarios require textual content messages, which are probably legal under the TCPA but are (probably) not legal less than the Florida enactment’s vague and broad autodialer definition. And the two instances are putative class actions–meaning that these organizations confront potentially significant-dollar publicity.
The just take away right here is apparent: it does not subject the place you are in this good country of ours, if you are texting or contacting Florida customers you are at chance.
We’ll maintain an eye on this.
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