Geeze, its only Tuesday and there have already been 33 TCPA cases filed thus far in 2021. Of these, 18 were putative nationwide class actions.

In times past, 16 filings a day wouldn’t be that unusual, but after AAPC and Facebook TCPA litigation was trending down and we haven’t seen back-to-back double digit filing days in months.

It may just be inventory left over from the holidays, or firms trying to position themselves well in 2021, but I wanted to make a note of this strange uptick. Notably, virtually all of these cases are ATDS (227(b)) cases– not DNC cases–which means the plaintiff’s bar seems to be betting that Facebook will come out their way in the end.

For the curious, Todd Friedman’s shop and Paronich are dominating the new class filings. Kimmel and Silverman have filed the majority of the individual suits. The suits are also primarily ~80% marketing suits; servicing/collection suits seem to be in decline, although the FCC’s new call limits may change that.