Silence is golden – and avoids the TCPA

Tactical Communications alleged that Krasnicki failed to make certain technical disclosures to it; Krasnicki moved to dismiss under the TCPA: But “Tactical did not allege any oral, written, audiovisual,or electronic communications inits claims against Krasnicki. The basis of Tactical’s claims against Krasnicki rests solely on its assertion that Krasnicki failed to communicate with Tactical.” (emphasis added) Accordingly, the Fifth Court affirmed denial of the motion with a straightforward observation: “[C]onstruing the definition of ‘communications’ to include non-communications would lead to an absurd result as nothing would be outside the scope of the TCPA.” Krasnicki v. Tactical Entertainment, LLC, No. 05-18-00463-CV (May 16, 2019).