REFRESHING: Coca Cola Wins Huge TCPA Victory With Motion to Strike Massive Class

The Plaintiff’s bar has grown incredibly aggressive in TCPA class actions recently and filed suits with the broadest possible class definition to sweep in as many potential plaintiffs as possible.

In doing so, of course, the plaintiff’s attorneys hope to create massive risk for the defendant–and ultimately massive settlements.

In order to beat these guys you need to be aggressive right back, and Coca Cola deployed an ole trick of the Czar’s recently to strike a class at the pleadings stage and I love to see it.

In Barnes v. Coca Cola, 2025 WL 1027431 (E.D. Cal April 7, 2025) the Plaintiff had asserted a class consisting of every call Coca Cola had ever made.

Rather obviously such a class could never be certified because the vast majority of class members will have no standing and would have consented to the calls. TCPA plaintiffs often file such classes, however, arguing that consent is an affirmative defense that they have no duty to plead…