The TCPA is bad enough without Plaintiffs being able to recover twice under the statute’s abusive provisions for a single phone call or text. But that is exactly what just happened in New Jersey with Choice Home Warranty losing a motion to dismiss a double dip effort by a number of individual TCPA litigators.
In Jubb v. CHW, 2025 WL 942961 (D. N.J. March 28, 2025) the Plaintiffs each alleged several calls from CHW that allegedly were made without consent in violation of the TCPA’s DNC provisions.
CHW moved to dismiss on several grounds asserting the complaint did not either directly or indirectly link the calls back to it, but the court completely disagreed and found the complaint adequately alleged both direct and vicarious liability.
This is bad enough but the Court also refused to dismiss the Plaintiff’s time restriction claim–i.e. that the calls had been made before 8 am or after 9 pm–even though they plaintiffs were separately suing for those same calls under a basic DNC violation theory.
In other words, the court just allowed the plaintiffs to double dip and recover twice under 227(c) for a single call.
Not good. This is especially true given the massive onslaught of time restriction TCPA class actions that have been filed as of late.
So big loss for CHW and now, potentially, the industry.