Common use of Case Involved Difficult Issues; Risk of Nonpayment and Not Prevailing on Clause in Contracts

Case Involved Difficult Issues; Risk of Nonpayment and Not Prevailing on. the Claims Was High This case involved difficult substantive issues which presented a significant risk of nonpayment, including uncertainty on class certification, contested issues about whether the software and equipment used to send the messages and calls at issue constituted an Automatic Telephone Dialing System in a setting of developing case law and FCC rulings and recovery being dependent on a successful outcome, which was uncertain.

Case Involved Difficult Issues; Risk of Nonpayment and Not Prevailing on. the Claims Was High This case involved difficult substantive issues which presented a significant risk of nonpayment, including uncertainty on class certification, contested issues about whether a ringless voicemail constituted a “call” under the Telephone Consumer Protection Act (“TCPA”), and whether the software and equipment used to send the messages and calls at issue constituted an Automatic Telephone Dialing System in a setting of developing case law and FCC rulings and recovery being dependent on a successful outcome, which was uncertain.

Case Involved Difficult Issues; Risk of Nonpayment and Not Prevailing on. the Claims Was High This case involved difficult substantive issues which presented a significant risk of nonpayment, including uncertainty on class certification, contested issues about issues, and whether the software and equipment used to send the messages and calls at issue constituted an Automatic Telephone Dialing System in a setting of developing case law and FCC rulings and recovery being dependent on a successful outcome, which was uncertain.

Case Involved Difficult Issues; Risk of Nonpayment and Not Prevailing on. the Claims Was High This case involved difficult substantive issues issues, which presented a significant risk of nonpaymentnon- payment, including uncertainty on class certification, contested issues about whether the software concerning consent and equipment used to send the messages and calls at issue constituted an Automatic Telephone Dialing System contested automatic telephone dialing system issues in a setting of developing case law and FCC rulings and recovery being dependent on a successful outcome, which was uncertain.

Case Involved Difficult Issues; Risk of Nonpayment and Not Prevailing on. the Claims Was High This case involved difficult substantive issues which presented a significant risk of nonpayment, including uncertainty on class certification, contested issues about issues, including whether the software and equipment used to send the messages and calls at issue constituted an Automatic Telephone Dialing System in a setting of developing case law and FCC rulings and recovery being dependent on a successful outcome, which was uncertain.