Lennar Corporation faces class action lawsuit under TCPA and recorded voicemail

That is interesting.

Homebuilder Lennar Corporation faces a new class action lawsuit under the TCPA accusing it of leaving pre-recorded voicemails offering financing for new homes.

The messages were allegedly left without the consumer’s consent and despite the fact that the plaintiff was on the national DNC list.

Plaintiff alleges that these calls violate state and federal law. She is suing on behalf of herself and a class defined as follows:

“TCPA 227(b) Class”
11.1.1.1. Since 15 July 2020, until the date of certification, the plaintiff and
all persons in the United States whose mobile phone
Number The defendant placed a recorded or artificial voice
Telemarketing call.
11.1.2. “TCPA 227(c) Class”
11.1.2.1. From 15 July 2020, until the date of certification, all persons within
the United States, to whose telephone number the defendant has two or more
Telemarketing calls in a 12-month period when the telephone
The number to which the telephone calls were made was listed in the National Do-NotCall Registry at the time the calls were made.
11.1.3. Texas § 305.053 Class”
11.1.3.1. Since 15 July 2020, until the date of certification, the plaintiff and
all residents of the State of Texas whose telephone number
The defendant made a call in violation of 47 USC § 227 or the Regulation
announced below.

Really interesting case here.

The constitutional law course is OBVIOUSLY a backup and I expect it to be eliminated. The other two courses are too broad, so it will be interesting to see if it works out.

Regardless, I can’t think of another TCPA lawsuit against a home builder – at least not in the next few years, so I’m excited to see where this goes.

It’s worth noting that most courts treat voicemails as “phone calls” for purposes of the TCPA, so the lack of consent could be a real problem here. I wonder if this is a lead gen situation or if Lennar didn’t know the rules. (Or maybe it’s a situation where the plaintiff misunderstood something.) We’ll see soon.