TCPAWorld followers have heard me crow a time or two about my big win in Tillman in which my client defeated certification in a TCPA wrong number code class case down in the Middle District of Florida. While defeating a wrong number TCPA code class action is already a worthy enough accomplishment, what I was most proud of was that the Court accepted our reasoning why such classes are never certifiable—not just in that case but in any case.
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Despite my shameless references to Tillman, few Defendants have leveraged the case particularly well—until now. In Sliwa v. Bright House Networks, No. 2:16-cv-235, 2019 WL 4744938 (M.D. Fl. Sept. 27, 2019) the Defendant earned a critical ruling defeating certification in a TCPA debt collection class action and on grounds that should prove nearly universally helpful to outbound callers of all shapes and sizes. This is a really important win folks—on par with Tillman itself—and should be carefully studied by class litigators.
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