May 17, 2019 

TCPA-text
TCPA Text Message Lawsuit

This week, an Illinois woman filed a putative class action lawsuit in federal district court in the State of Florida against Ranieri Law LLC (“Ranieri”), a credit repair services company.  The plaintiff, Nanci Rowe (“Plaintiff”), alleged that Ranieri sent unsolicited text messages to her cellular telephone in violation of the Telephone Consumer Protection Act (“TCPA”). Plaintiff is seeking statutory damages and injunctive relief, on her own behalf and that of a class of similarly situated individuals. The case is pending in the Southern District of Florida, Case Number: 19-cv-61219. 

What were Plaintiff’s Text Message Lawsuit Allegations?

In the instant TCPA text message lawsuit, Plaintiff alleges that on January 14, 2018, Ranieri sent Plaintiff “an unsolicited text message to her wireless number.” The allegedly unsolicited text message stated: “Nancy, my name is Sheldon Fishman with Ranieri Law calling regarding credit repair. If you are looking to improve your credit score or clean up negative items off your report please call me @9548548044 thanks.” Without any further allegations, Plaintiff makes the conclusory leap that this unsolicited text message was sent using an automatic telephone dialing system without alleging a modicum of support.

Plaintiff is also seeking to hold Ranieri liable under the Do-Not-Call provision of the TCPA. To have a viable claim under the TCPA’s Do-Not-Call regulations, allegations of two or more unsolicited text messages or calls must be propounded. Plaintiff’s complaint appears to allege only one such text message. Accordingly, she is unlikely to prevail under that section of the TCPA.

TCPA Text Message Law 

The TCPA regulatory mandates applicable to text messages and calls are both nuanced and technical.  While this case is still in its infancy, should the lawsuit be certified as a class action, the financial exposure that Plaintiff faces could be devastating. As such, for those operating in the marketing industry, it is imperative for businesses to work closely with knowledgeable counsel prior to engaging in any text message marketing campaign.

If you are facing a TCPA lawsuit or need to review your telemarketing practices, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. 

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