[author: Eric Troutman]
Repeat after me:
Hire Big Law.
Expect a Big Loss.
At least in TCPAWorld.
Here is ANOTHER example.
In Duke v. American Express, 2025 WL 1918643 (D. Az. July 12, 2025) American Express was just needlessly required to produce a massive amount of data regarding wrong number calling pre-certification.
The case stems from a pre-recorded call to a wrong number– as anyone will tell you this is a dangerous fact pattern.
The discovery demands here are insanely vague and misshapen but it looks like AmEx did not properly support its burden objections or otherwise frame out its scope and ambiguity objections (reasonably particularized category of existing documents? Yeah right.) So court overruled objections and compelled production.
REALLY IMPORTANT NUANCE here.
AmEx had previously produced records of prerecorded calls made AFTER a wrong number notation but the Court found that was insufficient.
In a TCPA case calls to wrong numbers are actionable BEFORE the caller is informed.
SO SO SO IMPORTANT TO UNDERSTAND THAT– THERE IS NO NOTICE UNDER THE TCPA!!!!
As a result AmEx now has to produce records of calls that were made to a number even BEFORE the wrong number notation was placed. And that is going to be insanely painful and burdensome.
AmEx elected to hire a #biglaw firm to represent it and, well, they got a big loss.
Expect an eight figure settlement folks.
Chat soon.
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