October 24, 2021

Volume XI, Number 297


October 22, 2021

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Hey Fingerhut–You May Want to Retain Counsel in this One

As we’ve explored a few times, “strategic default” in TCPA class actions is not a great idea. The Court will certify the case in your absence and then order you to respond to bulk discovery before entering a crushing judgment against you.

In individual suits things are a bit less dire and, I suppose, allowing a default in some instances might not be the end of the world.

But in Spring v. Fingerhut Cos., Case No. 2:20-cv-02212-GMN-NJK, 2021 U.S. Dist. LEXIS 146746 (D. Nv.  August 4, 2021) the plaintiff is seeking a default judgment in excess of $100k against Fingerhut, and I have to assume those guys just didn’t know about the case.

Spring is interesting because the default judgment plaintiff sought was denied when they are so often granted.

In the first instance, the court found the plaintiff’s complaint failed to establish personal jurisdiction. Secondly, the court simply refused to award the ~$101k in damages Plaintiff sought on the 70 allegedly unwanted calls without some showing as to the harm caused by the calls.

So Fingerhut avoids a large-dollar judgment (for now). Will they retain counsel in time to stave off a big loss?

We’ll find out soon.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 218

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...