Plaintiff, a lawyer representing an incarcerated prisoner, filed a class action against defendant, a telecommunications carrier that provided telephone services to prisons. Plaintiff alleged that automated recordings left as voicemails alerting persons that a prisoner was requesting an inbound call violated the Telephone Consumer Protection Act (TCPA) as they were made without prior express consent. Ms. Daley was retained by defendant to analyze the dialer data and determine whether persons meeting the class criteria could be identified using defendant’s business records. Ms. Daley found that disposition codes were not available for a substantial portion of the recorded calls due to data corruption and that a class could not be identified. The case was subsequently favorably settled during the pendency of the class certification motions.
Calculating damages in IEEPA tariff refund litigation
But it did not resolve a harder question: Who bore their economic cost? That distinction is now driving two parallel waves of private litigation: commercial...