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.
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...