How many times have I said it?
TCPA class litigation is not for the faint of heart, or the green of horn.
It is some of the most complex and dangerous litigation on the planet–with massive statutory damages and brand-reputation risk that transcends dollars on the line every time a TCPA defendant goes to the mat.
Plus the Plaintiff’s bar in this space–at least at the high end of the spectrum– is very very good. TCPA class litigation is a ~billion dollar a year industry. And there are monsters in these woods.
Sure, experienced defense counsel will win certification fights in TCPA cases more times than not (in some cases, many more times) but cases like Brown v. Directv, Case No. CV 13-1170 DMG (Ex), 2021 U.S. Dist. LEXIS 231014 (C.D. Cal. December 1, 2021) confirm just how dangerous the TCPAWorld really is. Especially when it comes to wrong number code class litigation.
Those of you that attended the Summit remember I gave this issue special attention (there’s a funny story here too–but if you missed the Summit you wouldn’t get it). Well, here’s why.
In Brown the Plaintiff used the Defendant’s own efforts to comply with the TCPA against it. In a bid to stop wrong number calls made by third-party debt collectors working on its behalf, DirecTV required its vendors to track wrong number calling. The vendors did so using data reflecting reports of wrong number notifications.
The Plaintiff demanded production of this data and identified approximately 180,000...
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