Better Bus. Bureau of Metro. Dallas, Inc. (BBB) v. Ward
In Better Bus. Bureau of Metro. Dallas, Inc. ("BBB") v. Ward, 401 S.W.3d 440, 443 (Tex. App.--Dallas 2013, pet. denied), a law firm sued the BBB based on the BBB's business rating of "F" assigned to the firm. Id. at 442.
The suit was filed before the effective date of the TCPA. Months later, after the effective date of the TCPA, Ward joined as a party plaintiff in an amended petition. Id. at 443.
The BBB filed a motion to dismiss Ward's individual claims against the BBB--the claims added after the effective date of the TCPA--but did not seek dismissal of the law firm's claims against the BBB. Id. The trial court denied the BBB's motion to dismiss. Id.
The Dallas Court of Appeals found that "[t]he definition of 'legal action' in the statute is broad and evidences a legislative intent to treat any claim by any party on an individual and separate basis." Id. (citing Tex. Civ. Prac. & Rem. Code Ann. 27.001(6)).
The court found that the TCPA applied to the BBB's business review and that the trial court erred in denying the BBB's motion to dismiss under the TCPA. Id. at 445.