We get it. TCPA class actions cause headaches, or worse. Courts agree. The Eleventh Circuit recently described the in terrorem character of the TCPA class action, observing the “pressure to settle the case” no matter the merits. See Cordoba v. DIRECTV, LLC, 942 F.3d 1259, 1276 (11th Cir. 2019).
But refusing to participate is not a good back up plan. The United States District Court of the Middle District of Florida recently granted a plaintiff “leave to conduct class certification and damages-related discovery.” Eder v. Aspen Home Improvements, Inc., Case No. 8:20-cv-1306-T-23JSS, 2020 U.S. Dist. LEXIS 183768, *2 (M.D. Fla. Oct. 2, 2020). Citing other recent decisions, that court explained: “It would be unjust to prevent Plaintiff from attempting to demonstrate the elements for certification of a class without the benefit of discovery, due to the defendant’s failure to participate in the case.” Id. So even though the defendant “failed to appear in this action, class certification-related discovery is warranted.” Id. at *3.
A defendant that declines to participate in a TCPA class action may only cause more problems in the long run.