Two federal decisions issued in the last ten days won’t make headlines outside the TCPA bar, but anyone running outbound calls or texts should know them. On November 2, 2026, a judge in the Western District of Washington ruled that a consumer who opted out of a prior class settlement can keep suing on her own but cannot turn around and lead a competing class. Three days earlier, on October 30, a Central District of California judge refused to enter a default judgment over texts that offered free products, holding they were not “telephone solicitations” at all.
Neither ruling is a free pass. Both are useful signals about where courts are drawing lines, and both reward operators who keep their records and message content clean.
Case one: Brown v. Citibank
In Brown v. Citibank, N.A., No. 3:25-cv-5119-TL (W.D. Wash. Nov. 2, 2026), the plaintiff alleged she received at least 46 unsolicited prerecorded robocalls. She had opted out of an earlier class settlement, Head v. Citigroup, and then sought leave to amend her complaint to add class claims of her own.
The court said no to the class piece. According to TCPAWorld’s summary of the order, opting out preserved her right to pursue her individual claims, not to launch a competing class action. The court found the proposed class failed Rule 23’s requirements, including typicality, and denied leave to add class claims. It did allow her to amend to add individual factual allegations, so her own case continues.
Why should an operator care? Because the opt-out-then-relaunch move is one way a single settled exposure turns into two. When a company settles a class, it is buying peace for that group. A ruling that keeps opt-outs from rebuilding a parallel class makes that peace more durable.
Case two: Bravo v. Hygeia Health
In Bravo v. Hygeia Health, Inc., No. 2:26-cv-08900 (C.D. Cal. Oct. 30, 2026), the defendant never appeared, and default was entered on September 24. The plaintiff asked for $1,000 in statutory damages plus $565 in costs over texts received in April 2026 at roughly 6:54 and 6:55 a.m.
Even with no one on the other side, the judge denied the default judgment. The texts offered breast pump accessories covered by the recipient’s insurance, at no cost. The court held they were not “telephone solicitations” under Section 227(c)(5), because they did not encourage the recipient to buy anything. It relied on the Seventh Circuit’s 2025 decision in Hulce v. Zipongo Inc. and ordered the plaintiff to show cause within 14 days why the case should not be dismissed.
Courts do not rubber-stamp a TCPA claim just because the defendant failed to answer. The content of the message still decides whether the do-not-call rules even apply.
What to do on the floor this week
- Track settlement opt-outs. If you have settled a class, keep the list of people who opted out and flag them in your CRM. They are your most likely individual plaintiffs, and they should never be dialed again without fresh consent.
- Audit your “free” messages. Hygeia’s texts survived because nothing in them pushed a purchase. Upsells, “limited time” language or a link to a paid tier change that analysis fast. Have someone read your informational templates with a plaintiff’s eyes.
- Don’t confuse “not a solicitation” with “no rules.” The Hygeia ruling addressed the do-not-call claim. Prerecorded and artificial-voice rules, quiet hours and state laws can still apply to non-marketing messages.
- Respond to every complaint. Hygeia got lucky. A default is still the most expensive way to lose a case you might have won.
The common thread is screening. Many of the plaintiffs who bring these cases, including those who opt out and sue again, are repeat filers. TCPALitigatorList.com lets outbound teams check numbers against a database of known TCPA litigators and serial plaintiffs before a campaign goes out, so the riskiest contacts are suppressed up front instead of discovered in a demand letter.
Bottom line
Brown narrows a procedural shortcut and Hygeia narrows a substantive one. Neither will help an operator whose consent records are a mess. Both help an operator who can show exactly what was sent, to whom, and why.