Scott Shaffer Addresses TCPA Class Action ‘Pick Off’ Strategy in Bloomberg’s Electronic Commerce & Law Report

Olshan Partner Scott Shaffer was quoted in Bloomberg BNA’s Electronic Commerce & Law Report about last week’s Supreme Court decision addressing Telephone Consumer Protection Act (TCPA) class actions.  When an unsolicited text message or robocall is received, TCPA claims are often brought as class actions because plaintiffs’ attorneys love the $500 per-call penalty, with damages tripling if the defendant willfully or knowingly violated the statute.  Shaffer told Bloomberg BNA that the strategy “allowed defendants to end a class action for a fraction of the potential liability by addressing only the claims of one individual.”  Shaffer states that the Supreme Court’s decision tilts the dynamic toward plaintiffs, because it is now clear that defendants cannot end a class action by “picking off” a lead plaintiff’s individual claims.   The Supreme Court suggested a potential new strategy for defendants that is certain to generate new litigation over the next couple of years, but declined to take a definitive position on its suggestion.  Olshan will continue to blog about the latest developments in TCPA litigation and our attorneys are available for consultation if you have a specific TCPA issue.