file a motion to dismiss
Budget: $250 – $750 USD
**Case Summary: TCPA Claim Filed Against a Released Party Under Prior Settlement**
**Background:**
In April 2025, a **Confidential Settlement Agreement** was executed between a private plaintiff and a telemarketing entity, resolving allegations of unlawful telemarketing and robocalls in violation of the **Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227**. As part of the agreement, the plaintiff released all claims — known and unknown — against the telemarketing entity and **all affiliated parties**, including vendors, agents, clients, and other related entities, in exchange for a financial settlement.
**Issue:**
Despite this release, the plaintiff has now filed a new legal claim against a **third-party lead generation company** affiliated with the original defendant, based on the **same or substantially similar conduct** that was the subject of the earlier settlement.
**Problem:
This new lawsuit may constitute a **breach of the prior settlement agreement**, as the third-party lead generation company is arguably a **“Released Party”** under the agreement’s broad language (which includes agents, vendors, clients, and affiliates of the settling party). Additionally, the plaintiff had warranted that they would not initiate or assist in any further actions against any released party.
**Background:**
In April 2025, a **Confidential Settlement Agreement** was executed between a private plaintiff and a telemarketing entity, resolving allegations of unlawful telemarketing and robocalls in violation of the **Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227**. As part of the agreement, the plaintiff released all claims — known and unknown — against the telemarketing entity and **all affiliated parties**, including vendors, agents, clients, and other related entities, in exchange for a financial settlement.
**Issue:**
Despite this release, the plaintiff has now filed a new legal claim against a **third-party lead generation company** affiliated with the original defendant, based on the **same or substantially similar conduct** that was the subject of the earlier settlement.
**Problem:
This new lawsuit may constitute a **breach of the prior settlement agreement**, as the third-party lead generation company is arguably a **“Released Party”** under the agreement’s broad language (which includes agents, vendors, clients, and affiliates of the settling party). Additionally, the plaintiff had warranted that they would not initiate or assist in any further actions against any released party.