District Court (Kan.) Orders TCPA Plaintiff to Respond to Broad-Reaching Discovery

In Rowell v. NCO Financial Systems, Inc., 2014 WL 2154422 (D.Kan. 2014), Judge O’Hara held that the TCPA’s imposition of strict liability did no immunize a TCPA plaintiff from discovery, and ordered the Plaintiff to respond to broad-reaching discovery propounded by the Defendant.  The TCPA plaintiff was ordered to respond to interrogatories seeking all communications between the Plaintiff and the Defendant, all communications plaintiff had with specific lenders in the last four years concerning her federal consolidation loan, to identify each creditor to whom she supplied her telephone number during the period between October 7, 2009 and the present, and to describe the circumstances for supplying her number to such person, and seeking identification of all judicial, regulatory and administrative proceedings: a. Whether you have ever been accused or convicted of any crime; b. Whether you have ever been incarcerated and any documents relating to that action or proceeding; c. Whether you have ever been accused or convicted of any contempt of court; d. Whether you have ever filed for protection under the bankruptcy laws or been subject to involuntary bankruptcy proceeding, been found bankrupt or insolvent in any administrative or legal proceeding. e. Whether you have ever been named as a de-fendant in any action, criminal, civil, administrative or regulatory, under any federal, state or local law;  f. Whether you have ever been named as a plaintiff in any action, civil, administrative or regulatory, under any federal, state or local law;  g. Whether you have ever participated in or were a member of a class, collective or derivative action during the past ten years; h. Whether you have ever been refused or denied status as a class representative, participation in a collective action or as a derivative claimant, or been a party to any action in which any party or counsel was so rejected; and i. Whether you have ever been subject to immigration or naturalization proceedings.   Plaintiff also was ordered to produce all documents associated with the above.