Eastern District of Missouri Issues Two TCPA Procedural Rulings
The U.S. District Court for the Eastern District of Missouri recently issued two separate rulings addressing procedural disputes in Telephone Consumer Protection Act litigation, including discovery obligations tied to serial TCPA filings and the sufficiency of prerecorded voicemail allegations at the pleading stage.
Human v. Fisher Investments, Inc.
Case Snapshot
- Court: U.S. District Court for the Eastern District of Missouri
- Case: Human v. Fisher Investments, Inc.
- Core Issue: Whether subpoenas served on plaintiff’s current and former counsel should be quashed
- Key Allegation: Defendant sought records tied to plaintiff’s prior TCPA lawsuits after plaintiff stated he no longer possessed responsive documents
- Court Holding: Counsel waived objections by failing to timely object or move to quash
- Outcome: Motion to quash denied
- Notable Detail: Court found the subpoenas sought relevant damages-related information and did not improperly seek privileged material
In Human v. Fisher Investments, Inc., the court denied a motion to quash subpoenas issued to the plaintiff’s current and former counsel in a TCPA action involving a plaintiff described as a serial TCPA litigant.
According to the ruling, the defendant sought discovery concerning the plaintiff’s previous TCPA lawsuits. After the plaintiff claimed he no longer possessed documents related to those earlier matters, the defendant served subpoenas on attorneys connected to the prior cases.
The court held that counsel waived objections to the subpoenas by failing to timely object or move to quash. The ruling further stated that the requested information was relevant to the plaintiff’s damages claims and did not seek protected attorney-client communications.
Judge Matthew T. Schelp denied the plaintiff’s motion to quash.
Newman v. Abstrakt Marketing Group, LLC
Case Snapshot
- Court: U.S. District Court for the Eastern District of Missouri
- Case: Newman v. Abstrakt Marketing Group, LLC
- Core Issue: Whether prerecorded voicemail allegations sufficiently stated a TCPA claim
- Key Allegation: Plaintiff alleged defendant left prerecorded voicemail messages following unanswered telemarketing calls
- Court Holding: Plaintiff plausibly alleged the messages were prerecorded, and relevant background allegations should remain in the complaint
- Outcome: Motion to dismiss and motion to strike denied
- Notable Detail: Court allowed the case to proceed beyond the pleading stage based on the voicemail allegations alone
In Newman v. Abstrakt Marketing Group, LLC, the court denied a defendant’s motion to dismiss and alternative motion to strike portions of the plaintiff’s complaint.
The plaintiff alleged that the defendant left prerecorded voicemail messages when telemarketing calls went unanswered. The defendant argued the complaint failed to plausibly allege a TCPA violation and sought to strike several allegations it considered irrelevant or improper.
The court found that the plaintiff sufficiently alleged that the voicemail messages were prerecorded, allowing the TCPA claim to proceed. The court also declined to strike the challenged allegations, finding they provided relevant factual context and background.
Judge Lanahan denied both motions.
Broader Implications
The two rulings highlight how federal courts continue to permit broad factual development in TCPA litigation, both during discovery and at the pleading stage.
The Human decision underscores the procedural risks associated with failing to timely challenge subpoenas, particularly in cases involving repeat TCPA plaintiffs and damages-related discovery. Meanwhile, Newman reflects a continued willingness by courts to allow prerecorded-message allegations to move forward when plaintiffs plausibly describe the nature of the communications at issue.
