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ARTICLE · 19 OCTOBER 2022

TCPA: Consent By "Somebody" Insufficient To Avoid Liability

Duane Morris LLP
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The "intended recipient" approach is no longer a viable argument when seeking to dismiss a TCPA claim at the initial pleading stage. Blalack v. RentBeforeOwning.com, 2022 WL 7320045 (C.D. Cal. Oct. 11, 2022).

United StatesConsumer Protection
Sheila Raftery Wiggins
Sheila Raftery Wiggins
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The “intended recipient” approach is no longer a viable argument when seeking to dismiss a TCPA claim at the initial pleading stage.  Blalack v. RentBeforeOwning.com, 2022 WL 7320045 (C.D. Cal. Oct. 11, 2022).

In Blalack, Defendant is a real estate listing service which markets rent-to-own properties to consumers.  Over a one year period, Defendant sent 108 telemarketing text messages to Plaintiff Jamie Blalack's cell phone to solicit her to purchase a subscription to Defendant's services.  Screenshots of text messages read:

  • “Thank You for Signing up for Property Alerts.”
  • “Good morning, Harry. Search for properties in 74063 now.” (Plaintiff's name is not Harry, and 74063 is not Plaintiff's zip code).

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