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A caller is trapped in a TCPA suit despite claiming to have evidence of consent. Plaintiff allegedly consented to calls but sued anyway. Defendant moved to dismiss, was reminded court looks only at allegations of complaint at pleadings stage of case.
In Perez v. Rash Curtis & Assocs., Plaintiff’s argued that the involvement of the litigation funder actually added value to the settlement because one retained counsel; Plaintiff’s lawyers asked the Court to have the class pay back the $5 Million.