In O’Shea v. American Solar Solution, Inc., 2016 WL 701215, at *3 (S.D.Cal., 2016), Magistrate Judge Brooks ordered discovery to be produced by the TCPA defendant.   Magistrate Brooks ordered outbound dial call lists to be produced. 

Specifically, these requests generally concern the total number of call recipients and the total number of phone calls made to them. (See Mot. Compel Attach. # 4 Ex. 1, at 15, 18, ECF No. 40.) This information is relevant both to class certification and to the merits of the case. See Gossett v. CMRE Fin. Servs., Case No. 15cv803 MMA (NLS), 2015 WL 6736883, at *3 (S.D.Cal. Oct. 30, 2015) (granting a motion to compel responses to requests for production of outbound call lists, as such lists were “relevant to the class claims and meritorious claims and defenses in this case”).

Magistrate Brooks ordered production of documents referencing express consent. 

The Court has reviewed these requests for production and agrees with O’Shea that they seek relevant information. These requests ask for documents concerning prior express consent, Defendant’s methods for obtaining phone numbers, and removal requests by call recipients. (Id. Attach. # 4 Ex. 1, at 15–19.) The items sought relate to American Solar’s affirmative defenses and are discoverable. See Fed.R.Civ.P. 26(b)(1)(emphasis added) (“Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense ….”).

The defendant was ordered to produce “Form and Format in Which the Number are Stored and Source of Numbers”, information about the defendant’s dialer system, information about defendant’s policies and procedures to comply with the TCPA, documents related to other entities who may have participated in making the allegedly unsolicited calls, information about and from the defendant’s website through which defendant allegedly obtained the prior express consent, consumer complaints about calls from the defendant, and information about insurance coverage.  

 

The Magistrate Judge ordered that just about everything that the Plaintiff wanted be produced.