Plaintiff sued a transport company in a purported class action alleging that multiple phone calls he received alerting him to issues relating to package deliveries were made without express prior consent thereby violating the Telephone Consumer Protection Act (TCPA). Ms. Daley was retained as a data analytics expert on behalf of the transport company. Ms. Daley analyzed the dialer data and business records and opined in part that the calls received by Plaintiff were a result of a technical glitch which did not impact other customers. The court denied plaintiff’s motion for class certification on the grounds that the plaintiff was atypical of the class as defined.
New research on the use of conjoint surveys with market simulation analysis for damages estimation in consumer protection class action litigation
Market simulations that we have seen used in consumer protection class action litigation apply what is known as the static Nash Bertrand model of competition...