Hey TCPAWorld!

Bringing you a quick (painful and avoidable) ruling out of the Middle District of Florida in Ownby v. United 1st Lending, LLC., 2025 WL 81344 (M.D. Fla, Jan. 13, 2025).

By way of background, Plaintiff filed this action against United 1st Lending back in September 2024, alleging violations of the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA).

And what did United First Lending do in response? Nothing. So, Plaintiff secured a clerk’s default.

While Defendant sleeps, Plaintiff is on the move! And not just any Plaintiff’s counsel, local South Floridian Manny Hiraldo from TCPA’s Power Rankings of the most dangerous Plaintiff’s Firms.

In the underlying ruling, Plaintiff filed a Motion for leave to conduct class certification and damages-related discovery.

Again, what did United First Lending do in response? Nothing. Absolutely Nothing. Unbelievable.

The court, in a brief order, reiterated that district courts have broad discretion when it comes to class certification. According to Federal Rule 23, plaintiffs must meet certain criteria to get the class certified. Rule 23 mandates that a plaintiff demonstrate (1) the putative class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the putative class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the putative class; and (4) the representative parties will fairly and adequately protect the interests of the putative class. Fed. R. Civ. P. 23(a). The 11th Circuit recognizes that sometimes, even when a defendant defaults, plaintiffs might need a bit of discovery to nail down that certification. This case is no different.

Plaintiff anticipates the class could be massive—hundreds, if not thousands, of members—and he needs evidence like call logs to prove it.

The court found these assertions convincing enough to grant the motion, giving Plaintiff another win and granting his Motion for class certification and damages-related discovery. Just painful!

And now, United 1st Lending is about to experience the full brunt of class discovery—a grueling process that delves into records, logs, and everything else. One of my favorite parts of litigation. Somebody wake up United 1st Lending?!

If you’re a defendant, you never want to ignore a complaint. Respond! Do something! But lying down like a sleeping dog is a surefire way to get walked all over.

If you need assistance, don’t hesitate to reach out to Troutman Amin, LLP – we are awake and ready to help!

Til next time, Countess!!!