In Salt Lake City, Ballard Spahr Notches a Win Against 'Serial Litigants' in TCPA Putative Class Action

Litigation Partners Melanie J. Vartabedian and Jenny N. Perkins led a Ballard Spahr team that recently obtained a favorable result that may have far-reaching consequences for potential class action lawsuits brought under the Telephone Consumer Protection Act (TCPA).

The case involved a pair of “serial and essentially professional litigants” who sought certification of three classes under the TCPA: a National Do Not Call Registry Class, an Automated Call Class, and an Internal Procedures Class. The Ballard Spahr team convinced District Judge David Barlow that the plaintiffs did not meet the requirements to be certified as a class. In his ruling, Judge Barlow said the plaintiffs “filed only dismissive, cookie-cutter oppositions to the substantial issues and challenges posted to their desired classes.”

“When Plaintiffs filed their own motion for class certification, it was a summary effort that failed to meaningfully address many of the salient issues. While adequacy does not require excellence, the court cannot find the leisurely and limited efforts in this case to be the ‘vigorous’ representation required to certify multiple classes of the size and scope sought, particularly for a class that will not permit opt-outs,” Judge Barlow wrote.

“Lawsuits like this clog up the court system and siphon off resources that organizations could use to benefit their employees, enhance their businesses, or start new initiatives,” Ms. Vartabedian said. “This outcome makes it more clear that nuisance plaintiffs who have no basis for their claims need to think twice before engaging in this kind of specious conduct.”

For media inquiries, please contact Will Ashenmacher at 612.371.5792.