Articles
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1 week ago |
natlawreview.com | Eric Troutman
Arbitration provisions can by a TCPA defendant’s best friend, but usually that’s to avoid class litigation. While a TCPA suit can–and very often is–be filed as a class action in court such cases are not permitted under most arbitration provisions. That means if a defendant can successfully compel arbitration it may take a billion dollar exposure case and take it down to $500.00. Not a bad day in court.
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1 week ago |
natlawreview.com | Eric Troutman
Nothing more frustrating for a TCPA defendant than to be stuck in a class action when the named plaintiff provided consent to be contacted in the first place. However the rules of litigation often prevent that issue from being addressed until much later in the case–sometimes even after expensive class discovery– which is why so many TCPA plaintiffs file frivolous lawsuits and manage to extract a high-dollar settlement. Take the case of Hodge v. Tavel + Leisure Co., 2025 WL 1093243 (N.D. Cal.
TODAY IS THE DAY: New TCPA Revocation Rule Goes Into Effect– This is What YOU Need to Know Right Now
1 week ago |
natlawreview.com | Eric Troutman
Skip to main content April 11, 2025 Volume XV, Number 101 Legal Analysis. Expertly Written. Quickly Found.
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1 week ago |
natlawreview.com | Eric Troutman
Quick one for you this am. In Ashworth v. Off Leads K9 Training Central Florida 2025 WL 1083621 (M.D. Fl. March 24, 2025) a court ordered class discovery to be taken against a defendant that had failed to show up in a TCPA class action. Plaintiff asked the court to take discovery in this matter to identify members of the putative class and to determine the amount of damages to which the class members are entitled, prior to seeking class certification and moving for default judgment.
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2 weeks ago |
natlawreview.com | Eric Troutman
I told you Humana was in trouble. The Medicare giant is facing massive TCPA exposure following a ruling by a federal court in Kentucky certifying a class containing over 23,000 individuals. In Elliot v.
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