This week Rightscorp, which has been hopelessly struggling to save its floor-hitting stock from being delisted from NASDAQ, was hit with yet another lawsuit, this time in Georgia (Melissa Brown and Ben Jenkins v. Righscorp, Inc. et al, GAMD 15-cv-00012).
The complaint is short and concentrates on a single deliberate violation of the Telephone Consumer Protection Act — harassing robocalling and messaging without the recipients’ consent. This is not a class action, and the plaintiffs seek an award of trebled statutory damages ($1,500 per each call). Depending on how many violations the court will find actionable, it may result in a hefty sum. In any case, if the plaintiffs prevail (which is most likely going to happen), this precedent has a potential of opening a floodgate of similar actions: in its latest press release (1/22/2015) the troll claimed that it “closed over 170,000” cases of copyright infringement.” How many of these “closures” are the result of unlawful telephone harassment? Just imagine if every robocall recipient decides that he/she wants a small piece of the Rightscorp’s flesh!
The plaintiffs are represented by Sergei Lemberg.