WORST CASE: TCPA Class Certified Against Company in Default and It Never Had A Chance to Defend Itself

There was a myth floating around a while ago that if a TCPA defendant simply didn’t show up in a court the worst that could happen would be an individual default judgment entered against the Defendant.

I don’t know how that myth got started–I don’t think Chat GPT was a thing then– but it is definitively wrong.

Take the recent case of Brooks v. CitiofBooks, 2026 WL 686560 (D. N.M. March 11, 2026).

There the defendant failed to respond to the complaint and the court just entered an order certifying the following class without hearing from defendant:

Do Not Call Registry Class
: All persons in the United States (1) to whom Citi of Books placed, or directed to be place,
more than one telephone calls within a 12 month period for purposes of solicitating the sale of Citi of Book’s products or
services, (2) where the person’s telephone number had been registered with the National Do Not Call Registry for at least
thirty (30) days before Citi of Books placed or directed to be placed at least two of the calls within the 12-month period, (3)
from four-years prior to the filing of the initial complaint in this action through the date notice is disseminated to a certified
class, and (4) for whom Citi of Books claims it obtained prior express invitation or permission in the same manner as Citi
of Books claims it obtained prior express invitation or permission from Plaintiff, or for whom it did not obtain prior express
invitation or permission.
Autodialed Class
: All persons in the United States who (1) from the date four years prior to the filing of this Complaint
through the date notice is sent to the class members; (2) Defendant (or a third person acting on behalf of Defendant) placed at
least one telephone call; (3) to the person’s cellular telephone number; (4) for the purpose of promoting Defendant’s products
or services; (5) using the same dialing equipment that was used to place the calls to Plaintiff; and (6) for whom Defendant
claims it obtained prior express consent in the same manner as Defendant claims it supposedly obtained prior express consent
to place calls to the Plaintiff, or for whom it did not obtain prior express written consent.

Notice the ATDS class definitely would not have been permitted to proceed if the defendant were not in default. Yet by not showing up the defendant conceded all issues related to the merits of the suit. Too bad.

Plaintiff now has 150 days to conduct discovery and then seek a classwide judgment– could be massive. We shall see.

While responding to a complaint is a pretty basic strategy you will definitely want to attend the Baroness’ ADVANCED complex litigation secrets discussion at Law Conference of Champions. Will be EXTRAORDINARY.

Get your tickets now!

Chat soon.