TCPA Blog contributor Meredith Slawe took part in the “TCPA Class Actions Panel” at the PACE 2016 TCPA Washington Summit on September 19. This conference attracted in-house lawyers and compliance professionals from an array of companies. PACE is one of the entities leading the appeal of the Federal Communications Commission’s (“FCC’s) July 2015 TCPA Order in the D.C. Circuit.
The panel, which also included prominent TCPA defense lawyers from Perkins Coie, Manatt Phelps and Greenspoon Marder and an experienced plaintiff’s class action lawyer from Edelson PC, addressed the state of TCPA-related class action litigation and where these cases are likely going in light of recent court rulings and guidance from the FCC. The discussion was particularly lively in light of the presence of attorneys on both sides of these cases.
Meredith highlighted the need for defendants in these actions to be aggressive and to dig into the facts of these cases early on. She explained that TCPA plaintiffs’ lawyers all too often fail to do the requisite pre-suit investigation of claims and that a close look at the purported facts often dooms the claims at the outset.