Leonard Law Office, P.C. and Fogelman & Fogelman, LLC filed a class action lawsuit against Pullin Law Firm, P.C. in the U.S. District Court for the Eastern District of New York. The complaint alleges violations of the Telephone Consumer Protection Act (TCPA) in connection with the law firm’s marketing activities.
Excerpts from the Complaint:
“In a misguided effort to offer legal services to financially vulnerable consumers, Defendant engaged in an invasive and unlawful form of marketing: the unauthorized transmission of advertisements in the form of “text message” calls to the cellular telephones of consumers throughout the country.”
“…on or about July 9, 2013, Plaintiff’s cell phone rang, indicating that an SMS message was being received from Defendant.
The body of such text message read:
Breaking News! Allan Pullin Esq: Fannie Mae agrees to 11.6 Billion Settlement. Call me to see how this effects YOUR home loan terms, My#: 800-867-2790
Allan Pullin, the individual identified in the above unauthorized text message, is an attorney currently registered as practicing law in New York at Defendant Pullin Law Firm, P.C. and, on information and belief, is Defendant’s sole owner and/or member.
Similar unsolicited text message calls, which did not contain any industry standard opt-out language and which were clearly impersonal in nature and designed for a mass audience, were made to Plaintiff and other putative class members by Defendant.
Defendant made these en masse unsolicited text message calls using an automatic telephone dialing system, also known as an “auto-dialer.””
Moskowitz v. Pullin Law Firm, P.C.
Case Number: 9:14-cv-06010
Law Firm Sued Over Text Message Ads, Christine Simmons, New York Law Journal, October 20, 2014