Litigation Team Defeats Class Certification Lawsuit and Negotiates Complete Walk Away
Miami, Florida (May 2019) – TCPA – which stands for Telephone Consumer Protection
Act – lawsuits are on the rise. Central to the dispute is a business’s use of text
messaging to offer coupons and discounts to consumers. When TCPA attorneys sue
under this federal law and seek a class action, the business can be exposed to millions
of dollars in potential damages, even for sending as few as a few hundred text
messages.
A local Miami chain came to Trembly Law after having been named as a defendant in a
class action lawsuit. The lawsuit was filed in Federal Court for the Southern District of
Florida and alleged that Trembly Law’s client had violated the TCPA when it sent
several promotional text messages which were received by Plaintiff. Plaintiff claimed
that he had not consented to receive the text messages and had been damaged as a
result.
Partner, Christian E. Rodriguez, and Senior Litigation Associate, David E. Wolff, quickly
and aggressively defended the claim, maintaining that the client had not violated the
TCPA. The Trembly Law litigation focused on pointing out that the client did not use an
automatic telephone dialing system, a key requirement for any TCPA lawsuit.
Through the dedicated and skilled advocacy of Mr. Rodriguez and Mr. Wolff, not only
did Plaintiff not get a single financial document, but Plaintiff was also put in the position
of not being able to certify a class. In sum, Plaintiff and his attorneys were left with no
option but to settle on terms dictated by the client. While most laws start with the goal
of protecting people, some attorneys inevitably find a way to abuse and manipulate the
law, bringing unintended consequences to unsuspecting business owners. Trembly
Law’s mission is to protect business owners and the economy, one business at a time.
Christian E. Rodriguez, a Partner and the Chairman of the Litigation Department at
Trembly Law observed that, “business owners are under attack right now from many
angles. We vigorously fight back, plain and simple.”
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Trembly Law Firm
PROTECTING THE ECONOMY, ONE BUSINESS AT A TIME.
In addition to our “every client matters” philosophy, one of the strengths of the Trembly
Law Firm is our proven track record working with businesses and individuals from all
over Miami.
