In the realm of TCPA class action lawsuits, it’s essential for defense attorneys to ensure that the discovery process remains open, even after a class certification ruling has been made.
A recent situation involving Troutman Amin, LLP has illuminated the pitfalls associated with prematurely closing discovery, particularly before obtaining class certification.
The Case Against QuoteWizard
The ongoing case serves as a clear warning.
QuoteWizard now finds itself significantly vulnerable in a certified TCPA class action in Massachusetts.
A key issue arose when QuoteWizard opted to wrap up the discovery phase before the certification proceedings.
When the Plaintiff sought certification based on a newly defined class that QuoteWizard hadn’t previously encountered, the matter intensified.
While this complication is unfortunate, it’s far from uncommon.
This scenario highlights the necessity of addressing any irregularities in class definitions early on and ensuring that discovery remains open even after certification.
QuoteWizard’s Discovery Request
Once the details about the class became apparent, QuoteWizard realized it needed more information from class members to support its defense effectively.
In a bid to address this shortfall, the company approached the court last month to request the reopening of discovery.
This would allow them to directly question class members to gather valuable insights about their claims, something they were barred from doing since the members were now represented by Class Counsel.
- Questions about the nature of calls or messages the class members received in relation to their work using their cell phones.
- Clarifications on whether class members used their phones for non-personal purposes, along with specifics on that usage.
- Inquiries regarding whether employers assisted in covering cellular phone bills, or if class members made any deductions related to those expenses.
- Questions confirming whether class members had agreed to receive insurance-related information from QuoteWizard.
- Requests for specifics on any text messages received from QuoteWizard, including when they were sent and how often.
Court’s Denial of Discovery Reopening
However, the court denied QuoteWizard’s request last week, emphasizing that the information they sought should have been gathered during the initial discovery phase.
The judge pointed out that QuoteWizard had multiple opportunities to obtain this information—either during the early discovery period or following the Plaintiff’s expert report in September 2023—but chose not to.
Instead, their focus shifted to other discovery matters and the class certification.
This development serves as a strong reminder of the importance of careful planning to avoid closing discovery prematurely before finalizing class certification.
As QuoteWizard navigates the complexities of this class action case, we will keep a close eye on its progress.
Source: Natlawreview