Telephone Consumer Protection Act

Brian Clark v. Via Renewables, Inc., No. 24-cv-00568-JSC, 2026 WL 1805735 (N.D. Cal. June 23, 2026)

Background

Plaintiff filed a putative class action alleging two violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA) based on 10 artificial pre-recorded voice calls to his residential telephone line. He filed a motion for class certification, which was denied, then a renewed motion, which was also denied and Plaintiff appealed.

Thereafter, Defendant caused a courier to deliver $45,001 in cash to Plaintiff’s counsel’s office accompanied by a letter ...