Telephone Consumer Protection Act (TCPA)

Our team works collaboratively with counsel and client information technology professional to assist in the identification of relevant electronically stored information, including archived data.

CRA’s electronic discovery professionals can collect structured and unstructured electronically stored information from wherever it is in a forensically sound manner. Our experts analyze data documenting the communications between businesses and consumers and provide opinions regarding the scope and limitations of those data, such as whether and how the data document the nature of the consumer’s consent to be contacted, and whether the data reliably identify wrong numbers.

We also analyze and have expertise assessing national and internal Do Not Call Lists, third-party reverse-lookup data sources, and telecommunications’ carriers’ data.

CRA experts provide consultation and expert testimony evaluating class certification issues involved in TCPA and other related class action matters. Our experts analyze dialer data, customer records, and third-party data to assess whether it is possible to connect the TCPA allegations to the individual potential class members on a class-wide basis.  For example, CRA experts have analyzed dialer data documenting hundreds of millions of calls to probe whether result or disposition codes in dialer data can reliably identify wrong number calls; or whether it is possible to trace through multiple sequential data sets with transferred calls to determine on whose behalf sales calls may have been made.  CRA’s experts have also analyzed the feasibility of identifying from third-party “reverse look-up” data and from wireless carrier data obtained under subpoena who a call recipient was at the time of a call in the past.

CRA’s expert analysis can also be employed to assist clients in assessing the size of a class and/or the volume of calls that may be encompassed by the class definition given the available data.  This may include analysis of the pattern of calls at issue, including the timing of calls vis a vis evidence of the called party having a business relationship with the caller, or the timing of calls vis a vis “wrong number” calls or “right party” calls.

Our team of experts apply telecommunications knowledge and quantitative analysis to assess an existing class-wide damages model or propose an appropriate and supportable damages model.