Expert witness for defendant in Telephone Consumer Protect Act case

Ms. Daley served as the expert witness on behalf of an insurer accused of violating the Telephone Consumer Protection Act (TCPA) by sending telemarketing text messages and automated calls to consumers without prior consent. Defendant offered health insurance to self-employed and small business owners through a network of independent sales agents. Ms. Daley provided an expert opinion that there was no method, absent an individualized investigation, to identify potential class members. She also disputed the validity of subscription database identifications of numbers allegedly assigned to businesses. The court denied certification on multiple grounds and noted: “Defendants’ expert opined that a significant amount [of cellular numbers] were still business numbers and supplied specific examples. Moreover, at least one database identifies the insurer’s number as a “business.” This is in no way dispositive of the issue, which proves the point. No single source answers this question for each phone number. Each must be tested individually. Thus, resulting in a Herculean task at best.”