Want something to be thankful for this week? Be thankful you aren’t Millennia Tax Relief.
A federal court in Arkansas just certified a TCPA class action against the company with a class containing at least 50,000 individuals. That means minimum civil liability at $25,000,000.00 in this 227(b) claim.
Continuing a trend I have pointed to repeatedly of late, the Court’s ruling contains virtually no reasoning or rationale. It is little more than a list of bullet point findings that are required to justify the ruling.
For instance after listing a handful of issues the Plaintiff contends are common across the class the Court simply finds “The Court finds, by a preponderance of the evidence, that at least one, likely most, and maybe all of the foregoing issues (and
potential defenses) are questions of law or fact common to the Class that satisfy Rule 23(a)(2).”
No explanation. No reasoning. No express findings articulating which issues are common and based upon what anticipated evidence.
Tough stuff.
But again, this very lean ruling is in keeping with the trend of 2024 being the “worst” year for TCPA defendants in history.
For the curious the ruling is McCoy v. Millennia Tax Relief, 2024 WL 4893302 (E.D. Ark. Nov. 26, 2024).