Post by Eric J. Troutman

So a court just certified a TCPA class action against Liberty Mutual Insurance Mutual finding that all of the leads it purchased from Next Level Media through All Web Leads may have lacked consent. Liberty Mutual is now facing over $30,000,000.00 in potential exposure as this was ENTIRELY preventable. In the first case, LM's counsel appears to have missed a major issue in the briefing that Troutman Amin LLP used to defeat a nearly identical certification effort just a few months back. But LM didn't use Troutman Amin LLP and so it didn't get the win. (Read the article below to understand what went wrong.) More fundamentally, however, the allegations in the claim are that All Web Leads sold LM leads that did not list LM on the form. Now if this is true that's crazy (although it might not be true) and a very low hanging fruit issue. We have to make sure we are buying leads that have the right names on the forms folks. And we also have to make sure the right defenses an arguments are brought to defeat certification! LM may not have and now it faces a $30MM exposure! Should be noted this is the latest in a series of similar certification rulings. Leads provided by Lending Tree have also resulted in recent TCPA certification orders– so this is not an All Web Leads problem. This is an industry-wide issue. Where a court detects problems in a lead-suppliers form they WILL certify a class across the entire lead source (provided the plaintiff admits he visited the website.) One last note, D. Mass. is becoming a nightmare jurisdiction for TCPA defendants to litigate in. Following up on the Mantha v. QuoteWizard disaster–speaking of Lending Tree– courts have proven eager to certify lead generation class actions in the jurisdiction. And, of course, that’s the place where the Wolf (Anthony Paronich) makes his home. Go figure. If you’re buying leads at scale and need the best compliance and vendor intake guidance and the best TCPA defense in the market reach out to Troutman Amin LLP. We aren’t the cheapest– but you get what you pay for, as some folks out there keep finding out the hard way. Chat soon. REACH: Responsible Enterprises Against Consumer Harassment (R.E.A.C.H) #TCPA #LeadGen #LeadGeneration #ASE #ASENY #DeserveToWin