Attorneyless TCPA plaintiffs sue corporate executives over robocalls


Hope everyone enjoyed their Memorial Day weekend.

Well, I know at least one guy who’s seen better three-day weekends: Gustav Renny a/k/a Gustave Renny a/k/a Gus Renny.

Gus apparently owns a company called Affordable Auto Protection, LLC, which was (allegedly) involved in calls to a guy named FRANCOIS AUGUSTON – quite the name.

So Francois sued AAP and another company – possibly an administrator – National Administrative Service Co., LLC alleging receiving illegal robocalls.

AAP and NAS leave and rent a small shop to defend them. In the meantime, the plaintiff is pursuing the case without a lawyer.

Once the lawsuit has already been filed, the plaintiff decides to personally name the AAP owner in the lawsuit. As readers of know, the TCPA is unlike most areas of law where a plaintiff must pierce the corporate veil in order to directly sue an officer of a corporate defendant. In TCPAWorld, it suffices to allege that the officer or director (or employee) personally participated in the impugned conduct to sue him personally.

Terribly unfair. Terrible rule. But that’s TCPAWorld for you.

Either way, Francois asked the court to allow him to sue Gus personally and on Friday the court granted it, ruling that Francois can sue Gus personally for the allegedly illegal calls, along with his company.

Like I said, it’s gonna ruin your weekend.

The point here is pretty clear – NEVER forget that you can be personally sued for TCPA violations. It doesn’t matter if you run an LLC or another legal entity that makes the calls. Whether you are involved in conduct that violates the law while you can be prosecuted.

That’s why smart companies are moving fast to retain one of these celebrity GCs or an outside attorney *ahem* to keep them safe. You still want to push decisions involving new consumer awareness efforts on lawyers if you can. If your lawyers don’t approve of it, that’s a pretty good sign that you shouldn’t.

TCPAWorld is too dangerous a place to go solo. I mean, unless you’re a certain Francois, apparently. He seems to be doing very well.

Good Tuesday!

© 2022 Troutman CompanyNational Law Review, Volume XII, Number 151


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