Dish, TCPA Complaint Plaintiffs Agree to Narrow Class Certification

Dish Network and plaintiffs in a Telephone Consumer Protection Act class-action complaint have come to an agreement on carving out some phone numbers and calls to those numbers from the class certification in the case. In a stipulation (in Pacer) filed Friday in U.S. District Court in Greensboro, North Carolina, the company and plaintiffs Thomas Krakauer and the others said the carve-outs are being done "to narrow issues for trial and facilitate the effective presentation of classwide proof." A total of 1,494 phone numbers, accounting for 4,231 calls, should be removed, Dish and the plaintiffs said as they asked the court for an order modifying the class definition. The categories of numbers to be removed include listing names that appear to be businesses, different listing names associated with the same number and numbers in which call records indicate the first call to the number contains comments suggesting the recipient requested a callback or agreed to be called back.