On behalf of Kazerouni Law Group, APC on Tuesday, February 11, 2014.
In a major victory for California consumers, the Honorable Richard Seeborg of the United States District Court, Northern District of California affirmed U.S. Magistrate Judge Nathaneal M. Cousin’s Order requiring Defendant Healthcare Revenue Recovery Group LLC to produce documents relating to plaintiff Webb’s TCPA class action. See the full Order here.
At issue were two categories of evidence: (1) the defendant’s outbound dial list; and, (2) documents pertaining to defendant’s “prior express consent” affirmative defense. Following argument by the Parties, Judge Seeborg ruled that Plaintiff was entitled to these documents since the documents will be at issue in Plaintiff’s eventual Motion for Class Certification. As such, to withhold the requested documents would unfairly prejudice Plaintiff.
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