We have been monitoring Florida Mini-TCPA filings since the law was passed in July 2021 and there have been TONS of them.
Despite the volume, there have been a relatively limited number of plaintiff companies that have brought these cases. And some of the biggest names in the sport stayed away, which was a little surprising.
Well, there seems to be a growing interest in pursuing this business with Billy Howard (a honorable mention in this year’s power rankings) filing his company’s first FTSA filing last Friday.
In the lawsuit, brought by a consumer who apparently received a call to a Florida phone number – but curiously does not allege his state of residence – Billy’s company alleges that the defendant called him to sell solar energy without his consent.
It seeks to represent the following class:
All persons in Florida who: (1) were called by Defendant for goods and/or services, (2) without Defendant’s express prior written consent, (3) using the same automated system, (4) after the July 1, 2021.
Notice how suggestive Billy’s class is – while a proper definition looks at using the “same” system in a class, Billy’s definition assumes – argumentatively, unnecessarily, and infallibly – that the system was of an “automated” nature.
It’s also one of the few VOICE channel calls we’ve seen lead to an FTSA complaint. Most filings to date have been text message cases.
The full complaint is here: Calta
Billy Howard is one of the most aggressive litigants. If he plans to move big into FTSA cases, it could signal that a whole new level of fighting is about to hit Sunshine State courtrooms.
We’ll keep an eye on this one and continue to monitor the deposits that keep coming in.