In a new ruling released on Friday a magistrate judge in Texas has recommended allowing a fraud claim to proceed against a repeat TCPA Plaintiff who allegedly knew a third-party had provided his phone number and opted-in to a text message campaign. See Ricky Franklin v. Upland Software, Inc., Case No. 1-18-cv-00236, 2019 WL 433650 (W.D. Tx Feb. 1, 2019). In Franklin, rather than opt out of the messages, the Plaintiff sat still and allowed the messages to continue. He then sent a demand letter to the Defendant in which he, apparently, misrepresented these facts and then filed suit.
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