A few weeks back Jay Edelson’s firm helped break the bank in the trial of a TCPA class action.
Not to be (completely) outdone the folks at Bursor & Fisher have just tried their own certified TCPA class action suit in the Northern District of California—this time resulting a jury verdict sustain a potential judgment totaling $267MM. See Perez v. Rash Curtis & Associates, Case No. 16-cv-03396 (N.D. Cal.)
The case involved purported calls made using an ATDS and pre-recorded calls to numbers obtained via skip tracing, in addition to a wrong number component. Following a multi-day jury trial the jury entered its verdict—found here—determining that over 534,000 calls were made using Defendant’s dialers and using a pre-recorded voice without consent.
Following the verdict—which was entered May 13, 2019—Plaintiff’s counsel has filed a Proposed Judgment seeking a final award of $267,349,000 in favor of the class.
On the heels of the big Dish ruling last week, TCPA defendants really did not need any more bad news but– oh well. It all goes to show why defeating TCPA class certification is absolutely critical for companies who want to stay in business.
We’ll keep an eye on developments on this one.