Its one of the biggest TCPA stories of the year already–and it just got even worse.
As TCPA.World readers know, a major bank was absolutely crushed by a certification ruling in a wrong number TCPA case this year that may see it facing trial with over a billion dollars in exposure hanging over its head.
In an effort to avoid such a catastrophic scenario, the Bank–still nameless in my blogs–sought interlocutory review by the Ninth Circuit Court of Appeals. (I.e. they begged the appellate court to save it.)
Denied.
The ruling is brutally short:
The court, in its discretion, denies the petition for permission to appeal the district court’s January 28, 2022 order granting class action certification. See Fed. R. Civ. P. 23(f); Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir. 2005). DENIED.
And that’s that.
Ruling here: Head Ruling
The bank is now left to deal with the TOP PLAINTIFF’S LAWYERS on the TCPAWorld 2022 Power Rankings in a certified TCPA class action with 10 figures on the line. And the lifeline of immediate appellate review was just taken away.
Eesh.
Take wrong number calls seriously folks. I can’t say it enough times. Errant procedures or improper data management can lead to massive exposure…
