In
Vandenberg & Sons Furniture, Inc. v. Alliance Funding Grp., Judge Quist of the District Court for the Western District of Michigan granted in part and denied in part the plaintiff’s motion for class certification arising from alleged violations of the Telephone Consumer Protection Act (TCPA). In its ruling, the court highlighted the importance of maintaining written TCPA policies.
In that case, the plaintiff received one fax from the defendant “offering a [$100,000] pre-approved line of credit” in 2012. In 2015, the plaintiff brought suit on behalf of himself and others, alleging the defendant violated the TCPA by sending the plaintiff a fax without the plaintiff’s prior consent.
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“Wink Wink”: Unwritten TCPA Policies Don’t Cut It Court Certifies $100MM TCPA Class Action Regarding Faxes Sent in 2011 Monday, January 25, 2021
A federal district court just used the phrase “wink wink” in a TCPA class action certification ruling with $100MM at stake and I just can’t.
And somehow that isn’t even the weirdest part of the ruling.
So here’s what happened:
Some company sent some faxes back in
2011. (2011 people. Back then I wasn’t even the only one using a blackberry.)
The Plaintiff claimed the faxes were sent without consent. There were over 200,000 faxes sent which using the TCPA’s magical (horrible) statutory damages means that Defendant is staring at over $100,000,000.00 in minimum statutory damages.