November 29, 2021

Volume XI, Number 333

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Ignoring TCPA Class Action is a BAD Strategy

We get it. TCPA class actions cause headaches, or worse. Courts agree. The Eleventh Circuit recently described the in terrorem character of the TCPA class action, observing the “pressure to settle the case” no matter the merits. See Cordoba v. DIRECTV, LLC, 942 F.3d 1259, 1276 (11th Cir.  2019).

But refusing to participate is not a good back up plan. The United States District Court of the Middle District of Florida recently granted a plaintiff “leave to conduct class certification and damages-related discovery.” Eder v. Aspen Home Improvements, Inc., Case No. 8:20-cv-1306-T-23JSS, 2020 U.S. Dist. LEXIS 183768, *2 (M.D. Fla. Oct. 2, 2020).  Citing other recent decisions, that court explained: “It would be unjust to prevent Plaintiff from attempting to demonstrate the elements for certification of a class without the benefit of discovery, due to the defendant’s failure to participate in the case.” Id. So even though the defendant “failed to appear in this action, class certification-related discovery is warranted.” Id. at *3.

A defendant that declines to participate in a TCPA class action may only cause more problems in the long run.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 281
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About this Author

Brent Owen Energy Litigation Attorney Squire Patton Boggs Denver, CO
Senior Associate

Brent Owen represents energy, mining, construction, consumer services, and political clients in high-stakes litigation at trial and on appeal. Brent’s college experience as a full-scholarship Division I offensive lineman allows him to appreciate the value of consistent hard work in achieving a favorable result.

His experience includes all aspects of litigation, including trials in both state and federal courts before judges and juries and in arbitration tribunals, including the International Chamber of Commerce and the American Arbitration Association. A former law clerk to the...

303-894-6111
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