Dont Cry Poor: Court Allows Plaintiff to Sue Employees of TCPA Defendant Directly After Company Claimed a Lack of Funds

Published on August 4, 2021 at 2:00 pm

Editor's note: This article is provided through a partnership between insideARM and Squire Patton Boggs LLP, which provides a steady stream of timely, insightful and entertaining takes on TCPAWorld.com of the ever-evolving, never-a-dull-moment Telephone Consumer Protection Act. Squire Patton Boggs LLP—and all insideARM articles—are protected by copyright. All rights are reserved.

It often happens in TCPA litigation that a Defendant will cry poor– claiming to be judgment proof or otherwise incapable of settling a case on a classwide basis–as if that were some sort of defense to a TCPA suit.

While may times these are simply the cold hard facts, as Anthony Paronich told us long ago that doesn’t mean a Plaintiff is likely to dismiss their case. Many times it simply leads to a change in tactics: personally naming the officers and employees that made the challenged communication.

For instance, in Sattler, 2021 U.S. Dist. LEXIS 132083 (SDNY July 15, 2021) a Court granted a Plaintiff’s request to add employees that sent allegedly illegal faxes after the company’s lawyer apparently claimed the Defendant was judgment proof.

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