Eesh . And another weird thing — who the Plaintiffs ’ lawyers are .
This isn ’ t the Wolf , or the Godfather , or anybody else on the TCPAWorld Top 10 .
Class counsel here is Jeremy M . Glapion , Esq ., and Bradford R . Sohn , Esq .
I mean , these are decent fellows , but they aren ’ t exactly the murderer ’ s row of TCPAWorld . But definitely good enough to win , it would seem .
Another weird thing is the limited release . Usually a TCPA defendant paying millions of dollars will get a nice , big , fat , broad release of a whole bunch of claims available to a whole bunch of people . Here , seemingly , not so much . The Court notes the release at issue is limited to claims “ that relate to or arise out of the Post-Stop texts that were sent during the Class Period .”
So that ’ s it , huh ? Six million dollars and the class members can still sue you for other claims ?
Eesh .
But the last — and weirdest — thing is that this is a text-message case . So some people might be thinking — after Facebook and after the FTSA amendments — why would AdaptHealth agree to pay so much here ? It is odd . But remember , these were all individuals who should have been put on an internal DNC list and were not . So there is value to settling the claims , but I am not sure there is a private right of action in this context absent evidence AdaptHealth also did not have a DNC policy ( if it did , there should have been a complete good-faith defense ). So , yeah , weird .
Regardless , that last point drives a big takeaway here — even if you are using text messaging ( which remains the safest channel ), you still need to be honoring text messages effectively . Failing to do so can still be extremely costly .
I am quite certain AdaptHealth did not intentionally ignore consumer ’ s asking for texts to stop . It was undoubtedly a glitch somewhere . But the TCPA is a strict liability statute in most respects . So you need to be extremely cautious . Still though , good policies and practices will keep you out of multi-million-dollar trouble .
IF YOU ’ RE CONCERNED , HERE A FEW QUICK TIPS :
1 . Be sure to reach out to Queenie to help with compliance concerns . She is an absolute master of this stuff and can effortlessly assist in most contexts .
2 . Join a great group like R . E . A . C . H . so you can get the latest information and awesome educational materials to help you stay on top of the ( TCPA ) World .
3 . Subscribe to our free and awesome Deserve To Win YouTube channel . You just can ’ t get content like this anywhere else .
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