Tag Archives: robocalls

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Checks Are Going Out in the Zales TCPA Settlement — Here’s the Operator Lesson Behind the Headlines

This month, settlement checks started landing in mailboxes for the Zales TCPA class action — up to $100 each, across roughly 75,000 phone numbers, out of a $7.54 million fund. It is a useful moment to look past the headline number, because the three biggest TCPA settlements making news right now each fail in a different, very preventable way. For operators, they read less like legal news and more like a punch list.

Three settlements, three distinct mistakes

Zales — $7.54M. The jeweler was sued for sending marketing texts to numbers on the National Do Not Call Registry. The class definition is the lesson: numbers registered on the DNC list for at least 30 days that then received at least two texts within a 12-month period. That is a pure list-hygiene failure — texting people who had told the government, in writing, to leave them alone.

Truist Bank — $4.1M. The bank settled claims it placed prerecorded calls about accounts to the wrong people — roughly 6,000 numbers that were not the account holders and had not consented to anything. The plaintiff alleged he got two dozen robocalls meant for someone else. That is a wrong-number and data-quality failure: calling reassigned or mistyped numbers without a process to catch them.

Everything Breaks — about $995K. The warranty company settled claims of repeated telemarketing robocalls to consumers on the National Do Not Call Registry. Same root cause as Zales, smaller company, smaller fund — proof the exposure is not just a big-brand problem.

The volume behind the settlements

None of this is happening in a vacuum. More TCPA class actions were filed in the first quarter of 2026 than in any quarter in recorded history. The plaintiffs’ bar has industrialized the work: intake, list analysis, demand letters, and class definitions are now a repeatable pipeline. When filing volume is at an all-time high, the question for an outbound operation is not whether your practices will be tested but when.

The operator punch list

Scrub every outbound list against the National Do Not Call Registry on a fresh cycle — not a download from last quarter — and keep your internal do-not-call suppression synchronized across every system and brand. Build reassigned-number checking into your dialing so you stop calling numbers that changed hands; the FCC’s Reassigned Numbers Database exists for exactly this. Treat a wrong-number complaint as a stop signal, not a data-entry note. And keep consent and suppression records you can actually produce, because in every one of these cases the company’s inability to prove a clean practice is what turned a complaint into a fund.

For operators, the cheapest line of defense is also the most overlooked: scrub your call and text lists before you dial. TCPALitigatorList.com maintains the most widely used database of known TCPA plaintiffs and serial filers. Running an outbound list through it takes minutes and keeps professional litigants off your campaigns before they ever pick up the phone — which, given how fast statutory damages add up, is one of the highest-return compliance steps an operator can build into a launch checklist.

The takeaway

Zales, Truist, and Everything Breaks did not lose to exotic legal theories. They lost to stale lists, wrong numbers, and opt-outs that did not propagate. Those are operational problems with operational fixes — and in a record-setting filing environment, fixing them is cheaper than funding the next settlement.

Sources

Top Class Actions — “$7.54M Zales TCPA class action settlement”; Class Action.org — “$4.1M Truist Bank Settlement”; CompliancePoint — “Truist Bank Settles $4.1M TCPA Lawsuit”; Top Class Actions — “Everything Breaks $995,000 TCPA settlement”; CompliancePoint / Shipkevich PLLC — 2026 TCPA litigation trend reporting.

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A Federal Court Just Drew a Cleaner Line Between You and Your Lead Vendors

If you run outbound calling or texting and you buy leads, hire a dialing vendor, or work through affiliates, here is a ruling worth pinning to the wall. On May 15, 2026, a federal judge in the Western District of Washington threw out TCPA claims against two insurance companies in Sundstrom v. Ocean Reef Media LLC, finding the plaintiff never plausibly explained why those insurers should answer for calls a different company allegedly placed. For operators, that is a rare piece of good news — and a clear roadmap for how to keep yourself out of the same complaint.

What happened

The plaintiff received marketing calls and sued not just the entity that dialed, but the insurers whose products were ultimately being pitched. The theory was vicarious liability: hold the brand at the end of the funnel responsible for the conduct of the lead generator at the front of it. The court was not persuaded. It dismissed the claims against the insurers because the complaint offered conclusions — “they were agents,” “they authorized this” — without the concrete facts a court needs to make that link plausible. Speculative inferences, the judge held, are not enough.

Why operators should care

TCPA liability has never stopped at the company that physically pressed “send.” Under the FCC’s long-standing agency framework, a brand can be on the hook for a vendor’s or affiliate’s calls if it controlled the manner and means of those calls, ratified them, or cloaked the caller in apparent authority. That is exactly how a plaintiff’s lawyer tries to reach the deeper pockets. Sundstrom does not erase that exposure. What it does is confirm that a plaintiff has to actually plead the relationship — who directed whom, what the contract said, who set the script, who controlled the lists — and cannot simply name every company in the chain and hope discovery fills the gap.

That cuts both ways. It is a defense win if your paperwork and your day-to-day practice genuinely keep you at arm’s length from a vendor. It is a loaded gun pointed at you if they do not, because the same facts that defeat a vague complaint will sink a well-pleaded one.

The operator checklist

Treat Sundstrom as a prompt to audit how much control you exert over the people dialing on your behalf. Read your vendor contracts: do they assign TCPA compliance, consent capture, and list scrubbing to the vendor in writing, with indemnification? Look at practice, not just paper — if your team writes the scripts, approves the call windows, hands over the lists, and monitors the dialer, a court will see an agency relationship no matter what the contract title says. Keep consent records that travel with the lead, so you can show where a phone number came from and what the consumer actually agreed to. And require proof, not promises, that your partners are scrubbing against do-not-call data and known litigants before any campaign goes out.

For operators, the cheapest line of defense is also the most overlooked: scrub your call and text lists before you dial. TCPALitigatorList.com maintains the most widely used database of known TCPA plaintiffs and serial filers. Running an outbound list through it takes minutes and keeps professional litigants off your campaigns before they ever pick up the phone — which, given how fast statutory damages add up, is one of the highest-return compliance steps an operator can build into a launch checklist.

The takeaway

The win in Sundstrom went to defendants who could not be plausibly tied to the calls. The lesson for everyone else is that the tie is built — or avoided — long before a complaint is filed. Tighten your vendor governance now, and a future plaintiff will have nothing concrete to plead. Leave it loose, and the next court may have plenty.

Sources

Faegre Drinker — “Washington Federal Court Dismisses TCPA Claims, Finding Insufficient Allegations of Vicarious Liability”; Sundstrom v. Ocean Reef Media LLC, No. 26-5036, 2026 WL 1361646 (W.D. Wash. May 15, 2026).