Text Messages

InvestorPlace Media Faces Multi-Million Dollar TCPA Lawsuit

Updated on
Published on
InvestorPlace Media Faces Multi-Million Dollar TCPA Lawsuit

In a recent development, a class action lawsuit has been filed against InvestorPlace Media, LLC, a Baltimore-based corporation specializing in investment advice. The plaintiff, Courtney Hill, alleges that the company violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited text messages. The lawsuit, filed in the United States District Court for the Western District of North Carolina, claims that the company continued to send text messages even after recipients opted out of their solicitations.

What Does The Law Say?

The TCPA, enacted in 1991, is designed to protect consumers from unwanted telemarketing calls and text messages. It requires companies to obtain prior express consent before sending text messages to consumers. The law also mandates that companies must honor opt-out requests and cease communication upon request. Violations of the TCPA can result in statutory damages ranging from $500 to $1,500 per violation.

According to the lawsuit, InvestorPlace Media, LLC allegedly failed to honor opt-out requests, demonstrating a lack of written policies and procedures. The plaintiff argues that this lack of compliance with the TCPA resulted in invasion of privacy, harassment, and violation of statutory privacy rights.

The plaintiff provides screenshots of the text messages as evidence, showing that the defendant acknowledged the opt-out request but continued to send solicitations. The messages were promotional in nature, aimed at selling the company's goods and services, including memberships for stock/investment advice.

How Did This Unfold?

As per the lawsuit, the plaintiff, a resident of Iredell County, North Carolina, began receiving unsolicited text messages from InvestorPlace Media, LLC. Despite making a request to stop receiving such messages, the company continued to send them. The plaintiff alleges that this conduct not only infringed upon his privacy but also caused him undue stress and harassment.

The lawsuit further alleges that the defendant's actions were not isolated to the plaintiff alone. It is believed that thousands of individuals across the United States were subjected to similar treatment. The plaintiff seeks to represent this class of individuals who, like him, received text messages from the defendant after making opt-out requests.

Who Are The Class Members?

The class is defined as individuals within the United States who received text messages from the defendant to their residential telephone numbers after making opt-out requests. The exact number of class members is unknown at this time but is believed to be in the thousands. The plaintiff argues that a class action is the superior method for adjudicating these claims due to the impracticability of individual lawsuits and the risk of inconsistent rulings.

What Is At Stake?

The plaintiff seeks statutory damages, injunctive relief, and any other necessary relief as determined by the court. The lawsuit includes a jury demand. If the court finds in favor of the plaintiff, the defendant could be liable for significant monetary damages as well as injunctive relief to prevent future violations of the TCPA.

Given the potential number of class members and the statutory damages per violation, the total amount of damages could be substantial. However, the exact dollar amount will depend on the final determination of the number of violations and the court's decision on damages.

What's Next?

As the case moves forward, the court will need to certify the class, a process that will determine whether the lawsuit can proceed as a class action. The plaintiff has also demanded that the defendant preserve all records, lists, and electronic databases related to the communication or transmittal of the text messages.

Should the court rule in favor of the plaintiff, it could set a precedent for other companies engaging in similar practices, potentially leading to greater compliance with the TCPA and increased protection for consumers.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    5:23-cv-00111
  • Filing Date:
    July 12, 2023
  • Jurisdiction:
    U.S. District Courts
  • State:
    North Carolina
  • Court:
    North Carolina Western District
  • Plaintiff:
    Courtney Hill
  • Defendant:
    Investorplace Media, LLC
  • Plaintiff Firm:
    The Van Winkle Law Firm
  • Defendant Firm:
  • Claims Administrator:
Contributors
Will Gendron
Will Gendron
Editor in Chief
Weekly newsletter

Stay up to date with new class action settlements you may join.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Complaint

This browser does not support inline PDFs. Please download the PDF to view it: Download PDF

Related class action lawsuits

Read more to get notified about updates to each case.

Adroit Global USA Inc. Faces Lawsuit Over Unsolicited Faxes
Text Messages

Adroit Global USA Inc. Faces Lawsuit Over Unsolicited Faxes

Glen Ellyn Pharmacy alleges Adroit Global USA Inc. violated consumer protection laws by sending unsolicited fax advertisements.
Vital Rehab Faces Lawsuit Over Unsolicited Faxes, Damages Sought
Text Messages

Vital Rehab Faces Lawsuit Over Unsolicited Faxes, Damages Sought

Dr. Robert Gerber seeks damages after alleging Vital Rehabilitation Clinics & Services violated the TCPA and ICFA by sending unsolicited faxes
InvestorPlace Media Faces Multi-Million Dollar TCPA Lawsuit
Text Messages

InvestorPlace Media Faces Multi-Million Dollar TCPA Lawsuit

Class action lawsuit alleges InvestorPlace Media violated the TCPA by sending unsolicited text messages, even after opt-out requests.
Allstate Faces Class Action Lawsuit for Do-Not-Call List Violations
Text Messages

Allstate Faces Class Action Lawsuit for Do-Not-Call List Violations

Allstate Insurance Company is facing a class action lawsuit over alleged violations of the Telephone Consumer Protection Act, involving unsolicited telemarketing calls.
National Tax Advisory Class Action Lawsuit Explained
Text Messages

National Tax Advisory Class Action Lawsuit Explained

National Tax Advisory Services LLC faces a lawsuit alleging violations of the TCPA and FTSA, with potential damages exceeding $5 million.
Exact Sciences Faces $500 per Call TCPA Class Action Lawsuit
Text Messages

Exact Sciences Faces $500 per Call TCPA Class Action Lawsuit

Exact Sciences is facing a class action lawsuit alleging violations of the TCPA through unsolicited calls. Plaintiffs seek $500 per call in damages.
Sunwink Corp Faces $5 Million Lawsuit Over Alleged TCPA and FTSA Violations
Text Messages

Sunwink Corp Faces $5 Million Lawsuit Over Alleged TCPA and FTSA Violations

Sunwink Corp is facing a class action lawsuit over alleged violations of the TCPA and FTSA, with potential damages of at least $5 million.
Class Actoin Alleges Platinum Choice Health Care Violated Telemarketing Laws
Text Messages

Class Actoin Alleges Platinum Choice Health Care Violated Telemarketing Laws

Platinum Choice Health Care LLC faces a class action lawsuit alleging violations of telemarketing laws. The plaintiffs seek at least $5 million in damages.
VIO Med Spa Class Action for Unwanted Text Messages
Text Messages

VIO Med Spa Class Action for Unwanted Text Messages

Class-action lawsuit alleges VIO Franchise Group violated the TCPA by sending unsolicited telemarketing text messages, seeking at least $5 million in damages.
Oral-B Class Action for Unwanted Text Messages
Text Messages

Oral-B Class Action for Unwanted Text Messages

Class action lawsuit alleges Oral-B violated TCPA and MCPA by sending unsolicited text messages.