Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

Law Firm Sued for Unsolicited Text Message Ads

October 22, 2014

The Pullin Law Firm (in New York) has been sued by Connecticut resident Craig Moskowitz for violating the Telephone Consumer Protection Act (TCPA). He alleges, in his putative class action suit, that the firm directed the mass transmission of unauthorized text messages to cellphones nationwide.

One text purportedly referred to news of Fannie Mae's agreement to a multibillion-dollar settlement and said "Call me to see how this effects YOUR home loan terms" (the writer needs English lessons) and provided a phone number. The suit asks for $500 in damages for each violation of the law and an injunction to prevent further violations.

You can find more details here. I'm sure we'll see more attorneys using text messages – this is the first time I've seen this particular fact pattern, but I can't imagine how attorneys think this is a good idea. Between the law and ethical constraints, they are looking to be up a creek without the proverbial paddle.

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