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Tuesday, February 2, 2021
Way back in 2013 I accomplished the first successful post-
Genesis pick off move of a TCPA class action in the nation and I thought I was soooo cool.
I mean, it was pretty cool.
The concept is simple. If a Plaintiff sues you over one phone call the most they can recover is $1,501.00 under the TCPA’s statutory damages provision. So, rather than fight why not just pay them the $1,501.00 and be done with the case? The argument is that the Plaintiff’s claim has effectively been mooted there is literally nothing left to fight over and moot cases can’t be pursued in federal court. (I learned that in law school thanks Professor Rubenstein.) When it works as it did for me in Masters, A-12-CA-376-SS, 2013 WL 3713492 at 3 (W.D.Tex. July 11, 2013) you can avoid hundreds of thousands of dollars in expense and tremendous potential class exposure with a quick and painless stroke from a checkbook.