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DEFAULT DEFEAT: TCPA Defendant Faces Class Discovery After Failing to Defend Itself in TCPA Class Action
Friday, April 11, 2025

Quick one for you this am.

In Ashworth v. Off Leads K9 Training Central Florida 2025 WL 1083621 (M.D. Fl. March 24, 2025) a court ordered class discovery to be taken against a defendant that had failed to show up in a TCPA class action.

Plaintiff asked the court to take discovery in this matter to identify members of the putative class and to determine the amount of damages to which the class members are entitled, prior to seeking class certification and moving for default judgment.

The Court found the request to be well taken and granted the request, giving the Plaintiff 90 days to conduct discovery and then seek a class judgment.

Eesh.

Failing to show up in response to a TCPA class action is a very dangerous strategy. Will be interesting to see how many class members exist here and what the default judgment will ultimately look like.

More soon.

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