Suit Alleges 2 Lead Generation Firms’ Text Messages ‘Routinely Violate’ TCPA
Defendants Lightfoot Media and Power House Marketing, both lead generation businesses, “routinely violate” the Telephone Consumer Protection Act by delivering ad or marketing text messages to residential or cellphone numbers listed with the national do not call registry without the…
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prior express invitation or permission, alleged plaintiff Kyle Roseboro’s class action Wednesday (docket 1:23-cv-15983) in U.S. District Court for Northern Illinois in Chicago. Roseboro listed his cellphone number with the DNC registry in July, yet beginning in August, “and continuing through the present on an intermittent basis,” the Waukegan, Illinois, resident received multiple text messages, from a rotating series of phone numbers, promoting energy efficiency rebates, alleged his complaint. Roseboro didn’t recognize the sender of the text messages, nor did he seek energy efficiency rebates, and didn’t previously interact with the websites “identified by the subject text messages,” it said. The plaintiff isn’t and wasn’t interested in the defendants’ services or marketing, the complaint said. NewViewPHM.com, one of the websites mentioned in the text messages, advertises energy-saving window upgrade quotes, the complaint said, and “fails to clearly identify any legal entity” responsible for the website, “relegating that information solely to a copyright notice associated with Power House.” The other websites referenced in the text messages don’t appear to identify any legal entity, “and instead list a variety of names and addresses, though their terms of service provide Lightfoot’s contact information and address,” the complaint said. Roseboro suffered “actual harm as a result of the text messages at issue” because he experienced an invasion of privacy, an intrusion into his life and a private nuisance, alleged his class action. The defendants knew, or should have known, that Roseboro listed his cellphone number with the DNC registry, it said. Based on the “pervasive nature” of the defendants’ “obfuscation of their identities,” Lightfoot and Power House “acted willfully and intentionally through their violations of the TCPA,” it said.