November 30, 2020

Volume X, Number 335


At it Again: Repeat TCPA Player Andrew Perrong Files New TCPA Class Action—this Time Against a Political Polling Company

Everyone in TCPAWorld knows of Andrew Perrong, whether you like him or not probably depends on what side of the v. you’re sitting on.

His latest work—a putative nationwide class action against PULSE OPINION RESEARCH, LLC related to allegedly pre-recorded calls sent to solicit polling information. Per the complaint: “Defendant is in the business of conducting polling and proving associated research services. To conduct these polls, Defendant relies on automated calling.”

We’ve been covering the ongoing onslaught of Robocalls tied to the political “season” and the ensuing TCPA litigation it is churning up. Perrong’s lawsuit is just the latest example.

For the curious, the case is filed in the E.D. PA and the complaint can be found here: Perrong complaint.

The class is defined as:

All persons within the United States to whom: (a) Defendant and/or a third party
acting on their behalf, made one or more non-emergency telephone calls; (b) to
their telephone number for which they are charged per call or cellular telephone
number; (c) using the same or similar recorded message used to contact Plaintiff’s
Number; and (d) at any time in the period that begins four years before the date of
the filing of this Complaint to trial.

The “charged per call” line is interesting and seems to render the class instantly unascertainable.

We’ll keep an eye on it.

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 299



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...