You know those movies where heroes are stuck against impossible odds and then the White Knight suddenly appears and bail them out?
Well here’s Fluent charging to save the day.
Arguably the worst case of the whole year so far was Williams versus Pillbox. There, a court certified a huge DNC class finding that disclosures that do not actually name the vendor are insufficient to meet the strict TCPA rules for consent to call people on the national DNC.
At the time of the certification decision, the defendant simply had empty hands on any disclosure that actually named the seller of the products in issue. So it seemed they were doomed when the court strongly suggested that disclosures without such vendor identification were invalid.
But just when things were at their lowest, Fluent came to the rescue and apparently provided the defendant with disclosures accepted by 230,747 people who identified the seller by name.
So even though the defendant had not focused – at least not enough – on the existence of his name in the disclosures during the pre-certification period, Fluent was apparently doing it “correctly” all the time (that is, i.e. by disclosing the name of the seller in its principal forms).
Accordingly, the Court decertified the case. All this work by the Applicant was wasted.
The case is Williams v Pillpack, LLC, CASE NO. 19-5282 RJ 2021 US Dist. LEXIS 212730 (WD Wash. November 3, 2021) and it is an absolutely critical decision for those focusing on DNC TCPA class litigation.
In particular, the rule of Williams remains the same as before-disclosures must identify the name of the seller of the products in order to meet DNC rules. (Don’t mess this up or there won’t be a White Knight available to save you!) It seems pretty obvious that the defendant in Williams wasn’t requiring appropriate disclosures from its primary sources, but have been fortunate enough to work with a primary supplier who has had the foresight to provide appropriate disclosures to consumers, even before the Williams court explained what the rules were. (And since Fluent was “ahead of the curve” on this one, they get a good take on TCPA.World.)
We will definitely be discussing this one at The TCPA summit.