October 26, 2020

Volume X, Number 300


October 23, 2020

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TCPA Quick Hitter: Court Transfer Case to District Where Calls Were Made From- Even Though Neither the Plaintiff nor the Defendant Resides There

As we have reported time and again now TCPA plaintiffs are getting very creative in selecting forums to sue Defendants—looking more at favorable law than whether any of the key allegations arose out of the chosen jurisdiction. We’ve seen Plaintiffs suing in jurisdictions across the country merely in a bid to take advantage of superior law. Time and again courts have rejected these antics.

In a new case out earlier this week, the Court transferred a suit to Texas from Arizona-which is a Marks jurisdiction—upon a finding that the calls at issue were made from a call center there.  In Barrera v. Usaa Fed. Sav. Bank, No. CV-20-01344-PHX-SPL, 2020 U.S. Dist. LEXIS 160552 (D. Az. Sept. 2, 2020) the court gave the Plaintiff’s chosen venue limited deference since he purported to sue on behalf of a nationwide class. The Court also made note of the fact that Plaintiff was not a resident of Arizona yet chose to sue there.

Although neither Plaintiff nor the Defendant was a resident of Texas, the Court noted that the calls came from Texas and that’s where the equipment and the people that made the calls resided. Since Plaintiff had already demonstrated a willingness to litigate outside of the forum of his residence the Court found no meaningful increase in cost associated with suing in Texas as opposed to Arizona and granted a transfer of the suit.

Keep Barrera in mind anytime you are dealing with a Plaintiff who lives out-of-forum. If the Plaintiff is willing to sue out of his own state then he/she may be stuck litigating in whatever state the calls actually came from, even if the Defendant is not headquartered in that jurisdiction.

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 248



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...