September 26, 2021

Volume XI, Number 269

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September 23, 2021

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BREAKING: Court Awards $89MM Attorney Fee In TCPA Trial Win–Refuses to Reduce $267MM Judgment Against Defendant

As I have recently remarked, the TCPA is the biggest cash cow in the history of American class action practice.

Apropos: Friday a court entered an order approving an attorney fee request of $89,116,333.33 in favor of a group of TCPA plaintiff lawyers that successfully pursued a certified TCPA class action to trial against a collector.

Now that’s a payday. Think it’ll encourage more TCPA suits?

The case–Perez v. Rash Curtis & Assocs., Case No. 4:16-cv-03396-YGR, 2020 U.S. Dist. LEXIS 68161, (N.D. Cal. April 17, 2020)–resulted in a $267MM verdict against the collector related to dialer calls to cell phones obtained via skip tracing. We covered the case last year.

Notably the Court refused to apply the Golan line of cases–authorizing reduction of TCPA awards in certified class actions on constitutional grounds–and held that there was no objective way to reduce the award.  The Court does note, however, that at some point the judgment becomes uncollectable and “[TCPA] cases such as these plead for settlement.”

This case calls out for further in depth analysis. More to come 

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 110
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About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...

213-689-6510
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