Rock Fusco & Connelly secures a resolution to a putative class action matter pending in the federal district court with a zero net financial commitment from the firm’s client.

On behalf of one of the nation’s largest debt collection agencies, the attorneys at Rock Fusco & Connelly, LLC were able to secure a resolution to a putative class action matter pending in the federal district court with a zero net financial commitment from the firm’s client.  The alleged class value was in excess of $65,000,000.00.  In the case, the putative class representative asserted claims under the Fair Debt Collections Practices Act and the Telephone Consumer Protections Act arising out of the client’s alleged conduct in placing collections calls to cell phones using automated dialers.  After conducting discovery on the issues of class counsel and class representative competency, as well as on the defense of consent to call that is unique to TCPA claims, our attorneys were able to successfully defeat potential class certification, while asserting third-party claims on indemnity theories against a subcontractor of the collection agencies client that allegedly placed many of the calls at issue pursuant to a service contract entered into with the firm’s client.  In so doing, and while negating the putative class claims, the subcontractor was ultimately liable for the client’s fees related to the defense of the putative class claims.  In sum, the pending class claims presenting a significant exposure to the our client were extinguished, while, at the same time, the client’s costs relative to the defense of such claims were contractually passed to the subcontractor.

Rock Fusco & Connelly LLC has significant experience in defending and defeating putative class matters arising in various areas of the law, including but not limited to, TCPA and FDCPA actions.  If you would like further information about such services, please contact us.

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