Telephone and Texting Compliance News: Litigation Update — A Win for TCPA Compliance and the Lead Generation Industry

The Telephone Consumer Protection Act (TCPA) can be a difficult and complex area of law to litigate. In recent years, the plaintiffs’ bar has upped that difficulty and complexity by targeting products designed to help with TCPA compliance — namely, products designed to confirm whether consumers provided TCPA-compliant consent. One such product is TCPA Guardian offered by Jornaya. In Williams v. DDR Media, LLC, et al., No. 22-cv-03789-SI, 2024 US Dist. LEXIS 211342 (ND Cal. Nov. 20, 2024), Jornaya fell into the crosshairs of a California Invasion of Privacy Act (CIPA) suit alleging that the use of TCPA Guardian violated the statute because it constituted “unauthorized . . . read[ing]” of a communication under the California Penal Code § 631(a). In a noteworthy decision for the lead generation space, the US District Court for the Northern District of California disagreed, granting summary judgment for Jornaya.

According to Plaintiff Loretta Williams, TCPA Guardian…