TCPA & Telecommunications Class Actions
BRG experts help clients understand the nature of data, its limitations, and how it can be appropriately segmented and categorized in the context of class action certification and damages calculations.
BRG’s Telephone Consumer Protection Act (TCPA) and Telecommunications Class Actions practice provides comprehensive technical consulting services to industries navigating complex compliance issues. We also assist clients confronting high-stakes litigation exposure arising from telecommunication regulation. Our professionals are experts in analyzing complex databases that contain evidence relating to subject calls, texts, faxes, and ringless voicemails. We apply this expertise to help clients resolve disputes and develop compliance programs to avoid future disputes.
Who We Are
BRG professionals have expertise across an array of specialized technical issues that arise in TCPA litigation. For example:
- A financial institution defeated class certification as BRG professionals identified that the proposed class of “wrong-number” plaintiffs would require individualized mini-trials into issues of consent.
- A telemarketer succeeded on summary judgment as BRG professionals opined on the question of whether the dialing system used was an automated telephone dialing system (ATDS).
- A financial institution won on summary judgment after BRG identified that the plaintiff, who sought to certify a class on the basis of having received automated text messages, was receiving automated responses to messages originally sent from the plaintiff’s own phone.
- In a class action involving debt collection calls for loans secured by residential mortgage-backed securities, BRG professionals provided expert testimony regarding class member identification.
What We Do
BRG experts help our clients understand and master their data to develop strong postures in complex litigation, including in the context of class action certification and damages calculations. We provide the following services:
- Database Collection, Testing, and Analysis
- Customer records management (CRM) systems
- Dialer databases and call detail reports
- SMS databases
- Text platforms and aggregators
- Lad-generation logs and documentation of opt-in consent
- Fax transmission reports
- Consumer Account Note and Agent Note Review
- Do Not Call List Analysis
- National Do Not Call List scrubbing
- Internal Do Not Call List scrubbing
- Expert Witness
- Database structure, reliability, and content
- ATDS opinions
- Damages calculations
Our professionals work with litigants and information technology departments to understand the nature of a dispute or inquiry and identify sources of relevant data, including archived data and reporting systems.
Our professionals collect relevant data from file servers, databases, electronic storage devices, cloud-based services, and other locations in a forensically sound manner. We have technology labs throughout the United States in order to efficiently store and host collected data.
Analysis and Findings
Our professionals perform analysis in a secure environment with innovative data visualization software and statistical techniques capable of analyzing billions of records and tens of terabytes of data. We produce clear, compelling, and defensible findings to clients, courts, and other parties.
BRG professionals examine issues associated with potential conflicts among proposed class members, claimed impact and damages, and whether proposed class members are “similarly situated.” We regularly examine highly detailed data sets containing telephone or text message transmissions, price and sales data, wages, or other variables. We then apply rigorous statistical approaches to these data where appropriate.
- Expert Analysis
- Adequacy of class
- Class definition
- Claim form and notice design
- Claimed impact and damages
- Class certification
- Commonality analysis
- Claims process design
- Liability assessment
- Potential conflicts among putative class members
- Typicality assessment
- Litigation Support
- Demonstrative evidence
- Discovery planning and participation
- Distribution management
- Document collection and management
Explore Related Insights
Legaltech News: Nervous System
An Explanation of Benefits for Compliant Medicare Sales
September 7, 2022
What Does Facebook v. Duguid Mean for the Future of the TCPA?
April 8, 2021
The Evolution of Consumer Class Actions Under the California Invasion of Privacy Act
March 25, 2021
Class Action Litigation in an Era of Change
January 28, 2021
Nervous System: Dialing for Dollars
January 8, 2021
TCPA: What's New, Noteworthy, and Next
October 29, 2020
TCPA: Why Can't You Meet Me in the Middle?
June 4, 2020
Legal Questions about TCPA Compliance Persist Three Decades Later
March 26, 2020
Our industry knowledge is broad and deep.
BRG combines intellectual rigor with practical, real-world experience. We have an in-depth understanding of industries and markets, with expertise spanning the major sectors of the global economy. Following are some of the many sectors that we know inside and out.