Court Won’t Decertify TCPA Class Because Defendant Did Not Stay Case While Awaiting FCC Protection

You know that scene in the Dark Knight Rises where Bane tells Batman that there “can be no [true] despair without hope?” I never really understood it—in fact, I thought the notion rather dull— until now.

Imagine falling victim to the largest TCPA verdict in history—up to $925MM—only to seemingly have your sins washed away by the grant of a retroactive waiver of liability. And then experiencing the despair of having that victory ripped from you upon a finding that you had waived the applicable defense.

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