Law360 interviewed Manatt’s Christine Reilly, co-chair of the firm’s TCPA compliance and class action defense practice, for an article about how the Spokeo ruling has affected the way consumers’ complaints are filed in court. Reilly agreed with others who noticed that plaintiffs appear to be filing more specific allegations of harm in their complaints in an apparent attempt to preempt Spokeo-like arguments.
"What we're seeing now is that complaints are being filed that cite various injuries, such as depletion of battery life, waste of time and energy, invasion of privacy," she said. "And because allegations in the complaint at the pleading stage must be taken as true, if a plaintiff does a good enough job of throwing out various types of alleged injuries, that makes it difficult, although not impossible, for the defense side to be successful on their Spokeo arguments."
Read the article here.