Law 360 interviewed Christine Reilly, co-chair of the firm’s TCPA Compliance and Class Action Defense practice, for an article about the U.S. Court of Appeals for the 8th Circuit’s recent controversial decision regarding TCPA cases. By ruling that plaintiffs only need to produce a list of phone numbers and do not need to take additional steps, such as proving who actually received the text, the court made it significantly easier for plaintiffs to clear the now-lowered ascertainability bar, presenting yet another hazard for businesses that are already being targeted by class action plaintiffs.
“The court essentially rules that as long as a fax lacks a proper opt-out notice and there is a fax log showing numbers that received faxes, a class is capable of being certified in a TCPA junk fax lawsuit,” said Reilly. “That is a scary result.”
Read the article here.