American Residential Services obtains dismissal with prejudice of putative nationwide TCPA class action

Client(s) American Residential Services, LLC

On behalf of American Residential Services, LLC, Jones Day obtained a dismissal with prejudice of a putative nationwide class action under the Telephone Consumer Protection Act ("TCPA"). After the lawsuit was filed in federal court in California, Jones Day successfully moved to transfer the class action to the defendant's "home" state. In subsequent proceedings, the transferee federal court granted the defendant's request to bifurcate discovery and initially limited any discovery to the named plaintiff's individual claim only and prohibited class discovery. During the discovery period, the plaintiff voluntary dismissed his claim with prejudice. As a result, the class action was dismissed without the payment of any funds to the plaintiff or class counsel.

Daniel Kissick v. American Residential Services, LLC, Nos. 2-19-cv-02459 (W.D. Tenn.); 2-19-cv-01460 (C.D. Cal.)