InvestorPlace Media Faces Multi-Million Dollar TCPA Lawsuit

In a recent development, a class action lawsuit has been filed against InvestorPlace Media, LLC, a Baltimore-based corporation specializing in investment advice. The plaintiff, Courtney Hill, alleges that the company violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited text messages. The lawsuit, filed in the United States District Court for the Western District of North Carolina, claims that the company continued to send text messages even after recipients opted out of their solicitations.

What Does The Law Say?

The TCPA, enacted in 1991, is designed to protect consumers from unwanted telemarketing calls and text messages. It requires companies to obtain prior express consent before sending text messages to consumers. The law also mandates that companies must honor opt-out requests and cease communication upon request. Violations of the TCPA can result in statutory damages ranging from $500 to $1,500 per violation.

According to the lawsuit, InvestorPlace Media, LLC allegedly failed to honor opt-out requests, demonstrating a lack of written policies and procedures. The plaintiff argues that this lack of compliance with the TCPA resulted in invasion of privacy, harassment, and violation of statutory privacy rights.

The plaintiff provides screenshots of the text messages as evidence, showing that the defendant acknowledged the opt-out request but continued to send solicitations. The messages were promotional in nature, aimed at selling the company's goods and services, including memberships for stock/investment advice.

How Did This Unfold?

As per the lawsuit, the plaintiff, a resident of Iredell County, North Carolina, began receiving unsolicited text messages from InvestorPlace Media, LLC. Despite making a request to stop receiving such messages, the company continued to send them. The plaintiff alleges that this conduct not only infringed upon his privacy but also caused him undue stress and harassment.

The lawsuit further alleges that the defendant's actions were not isolated to the plaintiff alone. It is believed that thousands of individuals across the United States were subjected to similar treatment. The plaintiff seeks to represent this class of individuals who, like him, received text messages from the defendant after making opt-out requests.

Who Are The Class Members?

The class is defined as individuals within the United States who received text messages from the defendant to their residential telephone numbers after making opt-out requests. The exact number of class members is unknown at this time but is believed to be in the thousands. The plaintiff argues that a class action is the superior method for adjudicating these claims due to the impracticability of individual lawsuits and the risk of inconsistent rulings.

What Is At Stake?

The plaintiff seeks statutory damages, injunctive relief, and any other necessary relief as determined by the court. The lawsuit includes a jury demand. If the court finds in favor of the plaintiff, the defendant could be liable for significant monetary damages as well as injunctive relief to prevent future violations of the TCPA.

Given the potential number of class members and the statutory damages per violation, the total amount of damages could be substantial. However, the exact dollar amount will depend on the final determination of the number of violations and the court's decision on damages.

What's Next?

As the case moves forward, the court will need to certify the class, a process that will determine whether the lawsuit can proceed as a class action. The plaintiff has also demanded that the defendant preserve all records, lists, and electronic databases related to the communication or transmittal of the text messages.

Should the court rule in favor of the plaintiff, it could set a precedent for other companies engaging in similar practices, potentially leading to greater compliance with the TCPA and increased protection for consumers.