2 Lead-Generation Defendants Deny That They ‘Routinely Violate’ the TCPA
Lead-generation businesses Lightfoot Media and Power House Marketing deny Kyle Roseboro's class-action allegations that they “routinely violate” the Telephone Consumer Protection Act by delivering telemarketing text messages to residential numbers listed on the national do not call registry without the…
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recipients' prior express invitation or permission (see 2311160001), said their answer Friday (docket 1:23-cv-15983) in U.S. District Court for Northern Illinois in Chicago. At all times, the defendants “acted in good faith and had reasonable grounds for believing their actions were in compliance with the TCPA,” including by implementing procedures to prevent violations and maintaining an internal do not call list, said their answer. Without assuming the burden of proof, Roseboro and members of the purported class or collective action aren’t “similarly situated,” it said. The purported class members' potential claims “reflect variability,” and “individual issues predominate” between the plaintiff and his purported class members, it said. The plaintiff’s claims are barred because he provided prior express written permission to receive the communications at issue in the complaint, it said. Roseboro and his class members also didn’t follow “proper procedures or channels to revoke their consent,” so their revocation of consent wasn’t “properly executed,” it said.