Court Rules that Platform Provider Not Proper Defendant in TCPA Class Action
Publisher: Day Pitney Press Release
March 31, 2022
On March 31, Day Pitney attorneys Mark Romance and Andrew Ingalls won a significant class action lawsuit filed in the Northern District of California for Mojo Dialing Solutions, LLC. Plaintiffs sought to hold Mojo, a lead generation and dialing platform provider, liable for calls and messages allegedly delivered by its independent realtor customers in violation of the Telephone Consumer Protection Act (TCPA). The lawsuit sought over $250 million in damages for more than 150,000 potential class members. After more than two years of litigation, Romance and Ingalls secured an order denying Plaintiffs' Motion for Class Certification, thus lowering Mojo's potential exposure to a single claim valued under $10,000. Within days of the order denying class action status, the individual plaintiff voluntarily dismissed all claims against Mojo. This ruling has industry-wide impact based on the Court finding that users of the Mojo dialing platform utilize the system differently, thus requiring an individualized review that negates class-wide treatment of claims.
Day Pitney Associate Daniel Pierre's award from the Association of Black Law Students at Rutgers School of Law – Newark at its 33rd Annual Jazz for Justice Gala was featured in the New Jersey Law Journal's On the Move and After Hours column.
Day Pitney Litigation Partners Gregory Bruno and Alfred W.J. Marks authored "Don't Believe Everything You Read Online: Recent Sanctions Decision Offers Cautionary Tale of Generative AI Risks" for the New York Law Journal's Special Litigation Section.
Day Pitney Associate Daniel Pierre's award from the Association of Black Law Students at Rutgers School of Law – Newark at its 33rd Annual Jazz for Justice Gala was featured in the Diverse Lawyers Network's newsletter.
The announcement that Day Pitney has named Attorneys James M. Leva and Amanda M. Curley as chair and vice-chair of the firm's Cannabis practice group was featured in Connecticut Law Tribune's Connecticut Movers column.