Dish, TCPA Plaintiffs Clash Again Over Class Membership

Dish Network objections to the class in a Telephone Consumer Protection Act class-action complaint ignored the court's direction to use existing data when it used new and unvetted data to create inconsistencies, the plaintiff said in a docket 1:14-CV-333 response (in Pacer) filed Wednesday in U.S. District Court in Greensboro, North Carolina. Plaintiff Thomas Krakauer derided Dish's analysis -- which found problems with 98 percent of the plaintiff's proposed class list of more than 11,000 -- and said its "near universal objections" overlook numerous reasons why a "superficial inconsistency" doesn't equate to a reasonable dispute about a class member's identity. The company's objection (in Pacer) last month to a previous plaintiff motion asking the court to enter judgment or authorize disbursal of the jury's award drew opposition from Krakauer. The sides have been at odds before over verifying class membership (see 1705110010).