TCPA Team Scores Win For Dorsey Client: Court Prohibits Plaintiff From Seeking Deposition Testimony on Unrelated Prior Complaints
On May 18, 2016, Dorsey’s Telephone Consumer Protection Act (“TCPA”) team scored a major victory on behalf of one of its financial services clients when the District Court for the Middle District of Florida granted its protective order motion on the eve of the scheduled deposition.
In granting the protective order motion, the Court prohibited Plaintiff from seeking deposition testimony from a corporate representative regarding prior Florida Consumer Collection Practices Act (“FCCPA”) and TCPA complaints filed against the financial services company by anyone, anywhere in the country in the last four years. The Court found that the “areas of inquiry [were] patently overbroad” and not proportional nor tailored to the issues in the case.
This order is significant as it sends a clear message that attempts to require a corporate representative to discuss information about unrelated third-party complaints will not be tolerated in a case with limited needs as such a broad topic is not narrowly tailored or proportional to the issues in the case.
The Court’s order can be found by clicking here.