[author: Eric Troutman]
I have said it before. I will say it again.
The biggest mistake you can make for your business is choosing #biglaw to represent you in a TCPA class action.
These guys keep getting smoked.
Over and over again.
Here is the latest train wreck of a dumpster fire of a disaster heralded in for a client by a #biglaw firm.
In Newman v. Aeciq 2025 WL 1592834 (E.D. Cal June 5, 2025) Avi Kaufman’s office served class discovery demands on a TCPA class action defendant.
Now I have not reviewed these specific demands but Kaufman’s demands are generally incredibly over broad and designed to put an extreme burden on a TCPA defendant. The strategy, ultimately, is to bludgeon the defendant with so much intrusive and expensive discovery that they give up a high dollar settlement.
Indeed, Aeciq didn’t just lose on EVERYTHING– they lost on EVERYTHING– and are likely to have to pay Kauffman’s fees as a result. (We just found out how much Paronich charges per hour, maybe we will find out how much Avi charges next!)
As to Aeciq’s #biglaw response the Court found the objections provided by Aeciq’s lawyers were absolute garbage: ” The court has reviewed the objections on which defendant stands and finds them to be wholly inadequate and boilerplate.”
Wholly inadequate?
My goodness. Those are just staggeringly harsh words from a federal judge.
How much did the defendant pay for “wholly inadequate” work product I wonder?
I am telling you there needs to be state bar ethics reviews of #biglaw when it comes to TCPA cases. At least ONCE A WEEK I talk to a client who says they were taken for a ride by a #biglaw firm claiming “their TCPA guy” knows his stuff. And then… boom.
But I digress.
The Court goes on to say:
These objections seriously strain defendant’s credibility… Defendant’s objections are non-specific, boilerplate, and nonresponsive.
The Court found another argument had “no legal basis whatsoever.”
Good lord.
Again, the Defendant’s counsel has “seriously strain[ed]” its client’s credibility with the court.
This is what they paid for?
In the end the defendant was ordered to produce EVERYTHING. Class data on calls. All communications and records with vendors. All records of complaints. And a ton ton more.
And the worst part– Defendant is not only going to have to pay its #biglaw lawyers for this disaster it will also likely have to pay Kaufman’s fees:
Further, Fed. R. Civ. P. 34(a)(5)(A) states that if a motion to compel is granted, the court must, after giving the opposing party an opportunity to be heard, award reasonable expenses to the prevailing party, including attorney’s fees, unless certain circumstances make such an award unjust. Plaintiff’s counsel did not include a fee or costs requests in her motion. Should she wish to file a motion for fees and costs, she may do so within 10 days of this order.
Get it?
Kaufman didn’t even ask for sanctions. But the Court was so pissed off by Defendant’s #biglaw attorneys that the Court INVITED Kaufman to file a fee motion to seek sanctions.
Just unreal.
And how much do you bet the #biglaw firm will now encourage its client to settle the case for a huge sum of money to buy themselves out of their mistake with somebody else’s money?
So so so so gross.
But it happens every day.
Lesson here is clear–DO NOT HIRE #BIGLAW TO DEFEND YOU IN TCPA CLASS ACTIONS. YOU WILL LOSE. BADLY. (My opinion and take away anyway.)
Chat soon.
[View source.]
