Accident, LLC sued in class action lawsuit by TCPA and FTSA over alleged unsolicited robot texts – TCPAWorld

A Florida resident named Michelle Terrell Lane has filed a class action lawsuit against lead generator Accident, LLC, alleging the receipt of unsolicited robotic texts. The texts were allegedly sent as part of a lawyer referral service.

Lane claims she received unsolicited text messages even though her phone number has been on the DNC national list since May 2021. She claims she did not request the text messages, nor was she looking for an attorney.

The plaintiff seeks to represent two classes. One for FTSA violations and one for DNC. The class definitions are:

Florida Telephone Soliccitation Act – Do Not Call – Registration Class: All
Persons in the United States who (1) receive a telephone sales call regarding
goods and/or services of the defendant, (2) to a number on Florida No.
List of sales solicitation calls (3) since July 1, 2021.

National Do Not Call Registry Class: All persons in the United States
States whose (1) telephone numbers are on the national Do Not Call list
Register for at least 31 days, (2) but more than one
Telemarketing call from or on behalf of the defendant, (3) within 12-
(4) at any time during the period ending four years after the
before the date of filing this action in court.

Class action lawsuits under the TCPA against tort and personal injury law firms—as well as the lead generators that help them—have been through the roof lately. In search of leads, plaintiff-side law firms often turn to companies that call and text consumers to contact them with potential claims.

Plaintiff’s lawyers sue other plaintiff’s lawyers. Legal cannibalism.

I find it fascinating that some plaintiff-side law firms have no problem suing other plaintiff-side law firms. But maybe that’s just me.

We will continue to keep an eye on these interesting claims.