TCPA Robocall Class Action Fines
Bursor & Fisher PA is asking for $89 million in fees after winning a $267 million judgement in a debt collection Telephone Consumer Protection Act (TCPA) robocall class action. The attorneys asked a California federal court to award them 1/3 of the sum, given the risks of the case and the conduct of defendant Rash Curtis & Associates, who drug out the case with “sandbagging, discovery abuse, and false testimony.”
The court found Rash Curtis & Associates liable for making over 500,000 illegal robocalls to consumers. Because of the complications of the case, which was filed in June 2016, the attorneys feel they should receive more than the standard 25%.
Bursor & Fisher stated that the ”defendant repeatedly withheld information and provided false testimony regarding important issues to be decided at trial,” adding that “to overcome these abuses, class counsel had to file, and win, seven motions to compel discovery, just to obtain the evidence needed to present the claims at trial.”
In a September 2017 ruling, U.S. District Judge Yvonne Gonzalez Rogers granted class certification while admonishing Rash Curtis for its “blatant delaying and sandbagging tactics” and warned of sanctions if the debt collector kept it up. She later ruled that the Global Connect, TCN and VIC dialers used by Rash Curtis constituted automatic dialing systems under the TCPA, and that the company lacked prior consent to contact the plaintiff.
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