Beware Of TCPA Serial Litigants

WHAT IS A TCPA SERIAL LITIGANT?

Also known as repeat plaintiffs, these are individuals who have filed numerous lawsuits alleging violations of the Telephone Consumer Protection Act ('TCPA"). They are located all across the country and sue in both state and federal courts. These parties are often self-proclaimed TCPA serial litigants and do not shy away or hide from their litigious history. Often, these individuals appear pro-se, meaning they represent themselves without counsel, regardless of whether or not they are actually licensed attorneys.

There is no law or rule prohibiting an individual from being a serial litigant. However, there are instances where courts have dismissed cases filed by serial TCPA plaintiffs specifically because they repeatedly bring TCPA cases – with judges finding that no harm was suffered by parties that deliberately received unsolicited calls or texts. In fact, serial litigants are so common in the TCPA space that there are websites