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Discovery

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In Cabrera v. Government Employees Ins. Co., 2014 WL 2999206 (S.D.Fla. 2014), Magistrate Judge Seltzer tailored a discovery order in a TCPA class action to the revised class definition proposed during the discovery Motion to Compel proceedings. Judge Seltzer made numerous rulings granting and denying discovery, some of which are highlighted below. Request Nos. 5,FN9 33, and 34 seek production… Read More

In Rowell v. NCO Financial Systems, Inc., 2014 WL 2154422 (D.Kan. 2014), Judge O’Hara held that the TCPA’s imposition of strict liability did no immunize a TCPA plaintiff from discovery, and ordered the Plaintiff to respond to broad-reaching discovery propounded by the Defendant.  The TCPA plaintiff was ordered to respond to interrogatories seeking all communications between the Plaintiff and the… Read More

In Meyer v. Receivables Performance Management, LLC, 2014 WL 1744284 (W.D.Wash. 2014), Judge Jones denied to stay a TCPA action based on the primary jurisdiction argument, denied Plaintiff’s motion for discovery as to dialer-lists, and denied Plaintiff’s request to delay filing a Motion for Class Certification. The District Court declined to stay the Action based on the Primary Jurisdiction argument.… Read More

In Gusman v. Comcast Corp. 2014 WL 1340192 (S.D.Cal. 2014), Magistrate Judge Bartik issued orders on discovery rulings in a TCPA class action. The facts were as follows. Plaintiff commenced this putative class action on May 2, 2013 by filing a complaint alleging that Comcast violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 et seq. (ECF No.… Read More

In De La Torre v. Legal Recovery Law Office, 2014 WL 1279738 (S.D.Cal. 2014), Magistrate Judge Bartick ordered defendant to produce phone bills, but only for the time relevant in the Complaint and redacted to exclude calls made to parties other than the Plaintiff. Here, the Court concludes Defendant's phone bills are only relevant to the extent they contain evidence… Read More

In Webb v. Healthcare Revenue Recovery Group LLC, 2014 WL 325132 (N.D.Cal. 2014), Judge Seeborg ordered a TCPA class action defendant to produce an outbound call list, evidence of “express consent”, and its hardware and software manuals for its dialer. HRRG contends that in light of its concession that it called at least 100 cellular telephone numbers utilizing an artificial… Read More

In In re Monitronics Intern., Inc., Telephone Consumer Protection Act Litigation, 2014 WL 316476 (N.D.W.Va. 2014), Judge Kaull ordered discovery of other claims against a TCPA defendant in a TCPA telemarketing claim: Mey alleges that Versatile Marketing Solutions (“VMS”) acting on behalf of Monitronics and UTC, telephoned her multiple times between November 16, 2009, and December 20, 2011, despite the… Read More

We reported previously on the pending GroupMe petition, as well as others, pending before the FCC regarding whether the TCPA's definition of autodialer requires a 'present' capacity to store numbers.  (http://www.calautofinance.com/?p=3853) A District Court in Alabama recently held that the TCPA so requires: In Hunt v. 21st Mortg. Corp., 2013 WL 5230061 (N.D.Ala. 2013), Judge Acker was deciding a discovery dispute between the… Read More

In Knutson v. Schwan's Home Service, Inc., 2013 WL 3746118 (S.D.Cal. 2013), Judge Curiel vacated and remanded for further consideration a Magistrate’ Judge’s order requiring a TCPA class-action plaintiff to produce an outbound dial list.   Schwan's operates a grocery delivery service. In addition to delivering groceries to their primary customers, Schwan's also made deliveries on behalf of NutriSystem, Inc. to… Read More

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