TCPA Discovery

TCPA Win! Calls made more than four years before case filed dismissed as untimely

8 Feb 2021

Today we report on a defense victory against a pro se TCPA plaintiff in Kentucky. See Miller v. I.C. Sys., No. 1:19-CV-00102-GNS-HBB, 2021 U.S. Dist. LEXIS 214012 (D. Ken. Feb. 4,…

TCPA Discovery

Procedural Win! Another Court Bifurcates Discovery in a TCPA Class Action

22 Jan 2021

How best to secure the "just, speedy, and inexpensive determination of every action"? A good place to start is with discovery. A recent decision from a District Court in Maryland…

TCPA Discovery

Undue Burden! Another Court Denies Motion to Compel Burdensome Production

30 Oct 2020

As we've covered , discovery in TCPA cases requires a careful, thoughtful approach. That is true for Plaintiffs too, as counsel for Ronald Chinitz recently learned. See Chinitz v. Realogy…

TCPA Discovery

Sanctions for Spoliation in Nevada

28 Oct 2020

If you are not careful to preserve and obtain responsive documents, TCPA litigation can quickly devolve into a (losing) discovery battle. In Perrong v. Sperian Energy Corp., the Defendant, ECG,…

Class Actions…

Ignoring TCPA Class Action is a BAD Strategy

6 Oct 20206 Oct 2020

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…

TCPA Discovery…

“Preliminary Peek” Reveals Probable Jurisdiction Over Nebraska and Utah Defendants in Nevada, and so No Stay in Real Estate Lead Generator Case

27 Sep 2020

Particularly in the TCPA context, properly managing discovery is critical. A TCPA defendant will often seek and obtain a stay pending the court's resolution of a dispositive motion. The United…

TCPA Discovery

Enforcing An Arbitration Agreement Against A Non-Signatory: Tough Sailing

27 Apr 2020

Another of a recent spate of TCPA cases turning on a defendant’s attempt to enforce an arbitration agreement. In this case, the attempt was against a non-signatory married to the…

TCPA Discovery

TCPA Quick Hitter: Court denies request to bifurcate discovery and compels class-wide discovery.

22 Jan 2020

We’ve said it hundreds of times now—it is absolutely crucial to keep failsafe class definitions and overly broad classes from getting past the pleadings stage in TCPA class actions. A…

TCPA Discovery

Questions of Fact Abound: WDNY Magistrate Recommends Denying Pre-Discovery Motion for Summary Judgment on TCPA Claims

12 Nov 201913 Nov 2019

Aggressive, pre-answer motion practice is often warranted in TCPA cases, particularly in class actions. But as a defendant found out in the Western District of New York, it is critical…

ATDS/Predictive Dialer Cases…

TCPA Quick-Hitter: Court Finds “Artificial or Prerecorded Voice” Is Not a Legal Conclusion (But “Predictive Dialer” and “ATDS” Are!)

7 Nov 2019

In TCPA World, I quickly learned that discovery is an art to the most experienced and skilled litigators. Overbroad requests and objections that lack specificity and detail won’t cut it…

TCPA Discovery…

TCPA Emergency Exemption Tested: TAINTED BEEF WARNING PASSES EMERGENCY SCRUTINY

14 Aug 201915 Aug 2019

The Telephone Consumer Protection Act (TCPA) carves out from the requirement for prior express consent, a call to a wireless phone “made for emergency purposes.” But what messages meet the…

TCPA Discovery

SDFL Judge Denies TCPA Motion for Relief from Judgment and Teaches Litigators Everywhere An Important (and Tiny) Lesson

26 Jul 2019

Do you remember law school? Remember that guy that sat in the back row that told you he always finishes the readings first because he skips the footnotes? Want a…

Class Actions…

Testing Adequacy and Typicality: California Federal Court Restricts TCPA Defendant’s Ability to Examine Serial Plaintiff’s Sources of Income.

29 May 201931 May 2019

The TCPA was enacted to stop certain types of telemarketing robocalls, not create a cottage industry for professional plaintiffs who file hundreds of TCPA lawsuits. But as we have covered…

Class Actions…

District Court Denies Defendant’s Bid to Bifurcate Discovery on Safe Harbor Defense, But Stay Tuned

7 May 20198 May 2019

Defendants hit with TCPA suits are often in the unenviable position of having to expend substantial amounts of time and money to prevail on claims that lacked merit from the…

Class Actions…

One Way Out?: District Court Grants TCPA Defendant’s Request To Pursue Individual Discovery And Motions Before Class Discovery.

5 Mar 20196 Mar 2019

The defendant in Katz v. Liberty Power Corp. faced a common dilemma: the prospect of expense class discovery even though the named plaintiff’s individual claims appear weak. See No. 18-cv-10506,…

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