Mike Daly Speaks to Law360 About Telephone Consumer Protection Act Litigation

Law360 reported that a Ninth Circuit ruling raised concerns about the constitutionality of a robocall verdict. The publication turned to business litigation partner Mike Daly for insight on the potential impact for Telephone Consumer Protection Act (TCPA) litigation.

“It is no secret that plaintiffs use the specter of astronomical aggregate awards to obtain substantial settlements in marginal cases,” said Daly. “Although the court cautioned that awards should be reduced only in ‘extreme’ cases, it has at least provided an analytical framework for doing so.”

During oral arguments in May 2022, the appellate panel was “clearly focused on — and concerned about — the size of the award,” with Circuit Judge Richard C. Tallman, who authored the court’s opinion, likening the result to “a runaway jury,” Daly noted.

The full article is available for Law360 subscribers.