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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