Jun 17, 2011
Without reading the firm's site I can guess their plan is to pull a summer repeat of Watson v. NCO, which punished the collector under TCPA. This class action seems carefully worded and stays on the safest ground by excluding landlines, but let's be very clear that TCPA is not meant to cover debt collectors and any claims made under that umbrella are not "slam dunks".
Class actions against collectors are nearly always showboat trials which rake thousands for the law firm, and perhaps bragging rights, and dispense maybe a few coins apiece to the class members. Consumers are often better off filing their own to see the benefit of statutory fines and actual damages, most often under FDCPA. One should be careful when considering joining a class that its language does not strip any private right of action which might normally be granted and which the consumer might find useful.