Clark v. FDS Bank

In this class action case under Telephone Consumer Protection Act, 47 U.S.C. sec. 22 et seq., the Defendants objected to Plaintiff’s discovery requests related telephone call databases asserting that the identification, search, and collection of the requested information about the telephone number called, the length of call, and the call results would be cost prohibitive and require querying numerous databases. The Defendants also asserted the cost of manual redaction and extraction of personally identifying information required under banking regulations would render Plaintiff’s discovery requests cost excessive. Defendants estimated the cost to review and redact the information Plaintiff sought would be between $1,533,169 and $1,864,665. The Plaintiff introduced expert affidavits asserting that the collection and extraction of the information using appropriate scripts and search methodologies would be “easy.”

The court accepted the plaintiff’s expert’s representations and ordered the parties to meet and confer on appropriate collection and data anonymization protocols.

Plaintiff’s Motion to Compel Discovery Responses from Defendants

Transript of Hearing on Motion to Compel/Motion for Protective Order

Defendants’ Reponse to Motion to Compel

Order on Plaintiff’s Motion to Compel