MEY BE NOT?: Fourth Circuit Court of Appeals Grants Rare Interlocutory Appeal to Review $10BB TCPA Certification Ruling Involving Diana Mey

Facing a $10BB certified TCPA class action, late last year Liberty Home Guard threw up a Hail Mary.

It asked the Fourth Circuit Court of Appeals to take an extraordinary interlocutory appeal of the ruling certifying the case against it.

Well its prayer’s may have just been answered.

In a one page ruling issued yesterday the Fourth Circuit Court of Appeals has agreed to an interlocutory review of the order certifying the case giving Liberty a chance to escape the “death knell” hanging over its head.

Liberty’s petition for extraordinary review– which you can read here: 12-18-2025 (0148) PETITION FOR PERMISSION TO APPEAL FROM ORDER GRANTING CLASS CERTIFICATION PURSUANT TO FED. R. CIV. P50–– claims the judge in the case did not exercise its own discretion but merely copied and pasted from briefs submitted by the Plaintiff- the famous winner Diana Mey.

But Liberty Home Guard suggests Mey’s victories may be less deserved than they appear.

Specifically, Liberty claims the judge in the case ALWAYS certifies cases of this sort, no matter what the merits. Per the petition:

In the last 5 years, Plaintiff Diana Mey has filed 15 of the 18 TCPA actions
filed in the Northern District of West Virginia. Ninety-five percent of those 18 cases
were assigned to Judge Bailey, who has never denied class certification in a TCPA
case.2 Compared to the national average, litigants in front of Judge Bailey are twice
as likely to have any class certified—and certification is almost guaranteed in a
TCPA case.3 This statistical anomaly has and is contributing to a growing body of
unreviewed district court decisions addressing TCPA class actions within the Fourth
Circuit. And once class certification is granted, the defendants settle, regardless of
merit, precluding review of the class certification decisions.

Hmmm….

The brief goes on to explain that the lack of effective appellate review only compounds the issue:

For at least the past five years, every TCPA class certified in the
Northern District of West Virginia has settled before appeal, ensuring no appellate
oversight of recurring class-certification issues. That is especially problematic when
the district judge who issued the Order is assigned all TCPA class actions and has a
100% grant rate. Compounding that further is that Plaintiff has filed 18 TCPA cases
in that District, but none of her class claims have been reviewed by this Court.
Interlocutory review is necessary to ensure that the recurring and consequential
issues raised below receive appellate guidance.

Very very interesting.

With the HUGE Dadah ruling from the Sixth Circuit Court of Appeals this week and the recent Howard ruling from the Ninth Circuit, the tables are suddenly stating to turn on TCPA plaintiffs.

We will keep a close eye on this.

And be sure you keep a close eye on all the latest developments by requesting your FREE copy of the 2026 Troutman Amin, LLP TCPA Annual Review, presented by Contact Center Compliance!

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Chat soon.