MASSIVE DATA PRODUCTION ORDERED: The Wolf and Mr. Number One Team Up To Crush Register.com on a Discovery Motion

Add a comment

When Anthony Paronich and Michael Greenwald– arguably the two most dangerous TCPA lawyers on the planet– team up in a case you know you’re going to see some serious action.

And they just obtained a huge (and dangerous) discovery ruling requiring Register.com to turn over a ton of data.

In Lewis v. Register.com 2025 WL 2662338 (S.D. Ind. Sept 16, 2025) the Plaintiff demanded production of data sets of essentially all prerecorded calls made by Defendant.

Since Greenwald is involved you can bet this is a wrong number TCPA class action– and it is. So the defendant argued the demand was overly broad since it sought ALL calls and not just wrong number calls.

This was the correct argument, but they couldn’t sell it. The court ordered the production of all data sets even though many of the data elements would not even pertain to class members:

The Court recognizes that the putative class is also limited to persons who were not customers or accountholders of Defendant and that the document requests at issue are not so limited. However, as Plaintiff explains in her brief, the information Plaintiff seeks is relevant to the claims or defenses in this case because it will permit Plaintiff to conduct investigation into the numbers in question and ascertain which of those numbers did not belong to Defendant’s customers or accountholders at the relevant time. See [Dkt. 42 at 9-10]. Thus, the Court finds the information to be discoverable.

So Defendant has to produce ALL of its calling records even though not all of those records are relevant.

Terrible.

Whereas I commonly fault defense lawyering for these sorts of results here I do not. It looks like Register’s counsel made the right arguments and presented them well enough. This as just an example of the monster litigators (Paronich and Greenwald) leaning to heavily on the court and delivering a big win for the class.

To be absolutely clear, these data sets are NOT needed to certify the class. But the court denied Defendant’s bifurcation efforts… so here we are.

I will note the defendant lobbed a burden argument at the court tied to having to notify customers about a data dissemination pursuant to its privacy policy– hadn’t seen that before actually– but didn’t support it with a declaration, so the argument was rejected.

Very smart move to look at data privacy and IS concerns. I pioneered using a declaration from a chief privacy officer to defeat discovery demands back in 2019. But you DO need a declaration to support these arguments. Otherwise you’re going to lose…

Like to win?

You should probably give Troutman Amin, LLP a call sometime in the next couple of months. Are rates are jumping January 1, 2026 and you don’t want to be the company that pays more than you needed to for great representation. (Although it will still be well worth it even under the new 2026 rate structure.)

THE FIRST $6K AN HOUR ATTORNEY?: Troutman Amin, LLP Rates Set to Rise January 1, 2026– Get In Now!

Chat soon.

 

Discover more from TCPAWorld

Subscribe to get the latest posts sent to your email.

Categories:

Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

Leave a Reply