“Routine Practice Evidence” Carries the Day for TCPA Defendant on Summary Judgment

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One of the most important pieces of evidence in any case for a TCPA defendant is evidence of their policies and procedures.

Such evidence is particularly important in defeating certification–if a Plaintiff seeks to certify a class of “exceptions” to the policy there are almost certainly individualizied issues at stake–but it can also find pay dirt at the summary judgment phase.

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