Judge Grants Liberty Mutual Motion to Phase Discovery on TCPA Consent

U.S. District Judge Patti Saris for Massachusetts in Boston signed an endorsement order Tuesday (docket 1:23-cv-10569) granting defendant Liberty Mutual’s motion to phase the issues to be litigated in the Telephone Consumer Protection Act class action brought by plaintiff Jeffrey Scott. His complaint alleges Liberty Mutual phoned him eight times to sell him an insurance policy he didn’t want or need, and did so to a number listed on the national do not call registry since August 2010 (see 2303150043). Scott asserts his TCPA claim on his own behalf and as a “purported class representative,” said Liberty’s June 20 motion. Liberty believes Scott consented to the calls at issue in his case, it said. If that’s so, Scott has no standing to assert claims on behalf of the class, it said. Saris’ order permits the parties to do discovery and motion practice on the issue of consent before addressing other issues, including class issues, said her endorsement. Her order sets an Oct. 31 filing deadline for motions for summary judgment.